Archive for October, 2008

In another post, we mentioned this type of contract which is commonly used in today’s market filled with the hustle and bustle of the business world. Adhesion contracts are pre-printed contracts used by the majority of companies who market mass products or services.

The legal issue behind these “contracts” is the consent of one of the parties, which does not have the freedom to enter contracts/negotiate and, as such, the very “contractual” nature of this relationship has been questioned.

The essence of the contract requires that two parties enter into a relationship and negotiate the terms and conditions of such relationship reflected contractually. However, this does not occur in an adhesion contract which resembles nothing more than a simple administrative form.

Furthermore, in the majority of adhesion contracts, there are endless one-sided or abusive clauses, which in many cases would annul the validity of the contract if the users filed to annul such conditions in the judicial system. In other words, these contracts that are so popular and practical undermine basic contractual principals, which is why they are questioned by many.

In the field of legal translation, it is important that we pay special attention when translating these documents and carefully choose the appropriate legal terminology.

A few weeks ago, I made a post about back translations, but this time I wanted to share a famous example of a back translation gone wrong. In 1865, Mark Twain published a short story entitled “The Celebrated Jumping Frog of Calaveras County”, which, shortly thereafter was translated into French. Appalled by the French translation and seeing much of his signature humor and style lost, Twain re-translated the text word for word with intentional incoherency back into English with a new title (The Jumping Frog: In English, Then in French, and Then Clawed Back Into A Civilized Language Once More by Patient, Unremunerated Toil) to prove his point. This witty piece not only illustrates Twain’s sense of humor but also the inherent problems involved in translation. Below are some examples of the original text and the text Twain translated from French. The full text can be found here.

Original: “There was a feller here once by the name of Jim Smiley, in the winter of ‘49 or maybe it was the spring of ‘50 I don’t recollect exactly, somehow, though what makes me think it was one or the other is because I remember the big flume warn’t finished when he first came to the camp; but anyway, he was the curiosest man about always betting on any thing that turned up you ever see, if he could get any body to bet on the other side; and if he couldn’t, he’d change sides.”

Back Translation: “It there was one time here an individual known under the name of Jim Smiley; it was in the winter ‘49, possibly well at the spring of ‘50, I no me recollect not exactly. This which me makes to believe that it was the one or the other, it is that I shall remember that the grand flume is not achieved when he arrives at the camp for the first time, but of all sides he was the man the most fond of to bet which one have seen, betting upon all that which is presented, when he could find an adversary; and when he not of it could not, he passed to the side opposed.”

Original: ‘Well,’ he says, ‘I don’t see no p’ints about that frog that’s any better’n any other frog.’

Back Translation: “Eh bien! I no saw not that that frog had nothing of better than each frog.”

First, let’s find out what an agreement actually is. In the Merriam-Webster dictionary, the following definitions are provided: 1.a. the act or fact of agreeing; 1.b. harmony of opinion, action or character: concord; 2.a. an arrangement as to a course of action; 2.b. compact, treaty; 3.a. a contract duly executed and legally binding; 3.b. the language or instrument embodying such a contract.

In Spanish, there are several translations of the term in Spanish, namely: contrato, convenio and acuerdo.

Now, lets analyze the definitions of these three terms:

1. Contrato: from Latin contractus. The Real Academia Española dictionary (RAE) tells us that it is a written or verbal agreement between parties that are bound to a specific item or matter and are obligated to comply with it. A second meaning of the word is a document that includes the conditions of such agreement.
2. Convenio: from the word convenir in Spanish. The RAE tells us that it is a settlement, convention or a contract.
3. Acuerdo: from the verb acordar in Spanish. The RAE provides several meanings of this term: 3.a resolution that is made in court, in companies, communities or associated agencies; 3.b. a premeditated resolution by one or several persons; 3.c. agreement between two or more parties; 3.d. reflection or maturity when making a decision; 3.e. knowledge or sense of something; 3.f. opinion, report, advise; 3.g. use of the senses, understanding, clarity; etc.

As we can see, the three terms reflect the idea of agreement as it is used in legal texts. They are so tightly connected that one right after the other is defined and can be used interchangeably according to the context.

But now, we want to highlight the differences between these terms. Convenio and acuerdo emphasize the right to freedom of contracts; the idea of a consensus is very clear. However, for some contracts that we sign on a daily basis adhesion contracts are being used more frequently, meaning that contracts that are already pre-printed in which one of the parties decides the relationship conditions and the other party can only accept (sign) the contract or not (the relationship is not established). In this case there is no room for negotiation. Here we are referring to contratos de adhesión (adhesion contracts) (and not convenios or acuerdos). This is currently one of the most commonly used contracts.

Within the sphere of private law, we usually find contratos under the scope of convenios which is the voluntary agreement to create and transmit obligations and rights. On the other hand, through a convenio, not only are these rights and obligations created and transmitted, but they are modified or dissolved.

Within the sphere of international public law, the term convenio or acuerdo is used instead of contrato. Internally, we can make the distinction that contrato aims for a specific material end while convenio can have institutional objectives.

This summary of concepts can help us to clarify the meaning of each of these words, but as translators we should always respect the author’s general meaning of the text.

The news these days is full of market reports, minute-by-minute updates on the stock market and countless stories of small businesses being driven into bankruptcy. There is a general sense of tension especially for small business owners, and rightly so! So, what does this mean for the translation industry and how will it be affected?

Glancing at any timeline of the financial crisis is proof alone that all of our markets are interwoven, and what happens in one market will affect others on a global scale. As the translation industry largely depends on these global connections, to what extent will our services be affected? Across the globe, many freelance translators have been forced to find other sources of income and countless translation agencies have closed up shop as a result of the recession. While the demand for translations is undeniable, the resources to pay for them are now limited. Clients are struggling with their payments to the agencies, and in turn, payments to freelancers are delayed. As a result, more agencies have begun to enforce more rigid policies for clients regarding payment options, since the word “credit” nowadays is enough to strike fear into small business owners worldwide. However, many clients cannot afford to pay up-front and thus turn to the competition. Some agencies have increased their prices to compensate for overall losses, which places translation services out of the reach of many potential clients. On the flip side, other agencies have decreased their prices in an attempt to attract new clients. For many, the volume of work has slowed down, increasing competition for projects and thus driving down the prices of translation services.

So how will translation agencies and freelancers pull through this crisis? There is no easy solution to the problem, and much of the success of one business over another will be determined by their responses to the crisis and the whether or not the international relief packages will actually trickle down to small business owners.

Frequently, we are faced with the task of determining whether or not the translation we revise is good or bad. As professionals, our opinions should be well-grounded and not a result of our mood at that time or the friendship we have with the translator who delivered the product.

There are some objective factors that will help to clearly determine which translations do not meet minimum quality standards.

1.    The translation must have all paragraphs and sentences from the original document. For example when there is a list of synonyms, such as “home, house, dwelling”, all synonyms must be translated. Otherwise, the translation would be incomplete and would not contain all the ideas expressed in the original document.
2.    The translation should not blatantly modify the purpose or meaning of the original document. This involves avoiding bringing errors in the original into the translated document and translating too literally.
3.    Before delivering the translation, the translator should read it to make sure that it complies with points 1 and 2 above and to correct spelling and grammar errors. Automatic spelling and grammar checkers are very useful for this.
4.    The translation should have a fluid writing style that is easy to read, and thus, understood. In this way, the message is effectively delivered. It is worth noting that language preferences don’t necessarily constitute errors.
5.    Before delivering the project, the translator should check to make sure that all the project’s files are delivered, thus preventing having to make a second delivery. It is always important for the translator to deliver the file on time, so that the document can continue with the edition process in a timely manner.
6.    And finally, and perhaps most importantly, everyone involved in the project should communicate and clarify doubts as soon as possible and as professionally as possible.

Even though these problems may arise while working on a project, it is important that we use point 6 in order prevent or correct the errors listed above.

So, with that being said…let’s get to work!

“Many critics, no defenders,
translators have but two regrets:
when we hit, no one remembers,
when we miss, no one forgets.”

-Anonymous

This is a well-known verse among translators, but is it really true? Are translators really given due credit for their work or are we destined to deliver translation after translation without the thanks we deserve?

Our task is difficult for various reasons, but the underlying challenge in our work is to deliver a final product that not only reflects the source document as much as possible, but also ensures that the language used makes perfect sense to a native speaker. However, when clients request translations, how many of them really understand the effort that goes into finding the intricate balance between these two issues?

Aside from the fact that without translators, our world would not be as globalized as it already is, many people are still hesitant to use translators as they have the power to change the entire meaning of a phrase by modifying a single word. Unless a client is bilingual in both the source and target language, complete, blind trust is placed in the hands of translators to accurately deliver the message of the document in another language.

So, is this just the nature of our job? What do you think?

In our daily task as translators, we face several different possibilities for the translation of a text, so, what is the best option when there are multiple possibilities? Some may have a more sophisticated style, some were already used by others in works published on the Internet, and finally, some are found in dictionaries or glossaries.

In the case of dictionaries, the Diccionario de la Real Academia Española has a prestigious reputation within the Spanish language, but is it the bible for all correct words and expressions in the Spanish language? Certainly, specialists from different areas will find that words that are frequently used by them do not appear in this work of unquestionable, though incomplete, excellence.

It is worth mentioning that only a dead language that no longer has people that regard this language as their mother tongue can have a complete word listing  (for example, Latin, ancient Greek, Iberian and Celtiberian languages, etc.). But in the case of living languages, people are the ones who propel languages to evolve, thanks to the creation of daily expressions for communication. The specialists are the ones who create daily expressions to describe diverse inventions and devices appearing on the market. Then, these expressions are accepted and incorporated into the dictionary.

As freelance translators, it is at times difficult to start your own business and increase your work flow and client contacts. Here are some helpful tips to help get your business up and running.

First, it is important to have a clear idea of the services you offer, your target market, and area of expertise. For example, if you only translate from English/Spanish, concentrate on finding potential translation buyers who also share the same target markets within your field. Later on, you can find other freelance translators to work with you on projects outside of your languages and expertise.

If you want to include services outside the translation process itself, such as Desktop Publishing or Transcription services, think about partnering up with other specialized providers to complement the services you lack.

Next, get your name out on the market. Consider developing your own website and publishing material about your services, whether in brochures, business cards, etc. There are also many freelance translator databases where translators can network and post jobs such as Translators Café, or Go Translator. Joining these communities will help you see what those around you are doing as well.

Recruiting clients directly can be difficult, especially since you will be competing with larger translation agencies. However, being consistent with the rates you offer, turnaround times and quality will all help to build a long-lasting relationship with a client and will encourage your clients to recommend your services as well.

If you haven’t already done so, consider investing in workshops or seminars within your area of translation to make sure you stay current in your field. Some other common workshops that are helpful for freelance translators are in the areas of CAT tools and office management skills.

Good luck!

The term Spanglish came into existence between 1965 and 1970 and refers to any expression in Spanish that borrows parts of English, especially as substitutions of Spanish words.

The most common fields that use and abuse Spanglish are areas related to technology, since most of the products introduced into the market are in English. These terms are commonly used by industry experts and when professionals from other languages need the translation of a text, they don’t want a translation that is so foreign to them for a concept in English that has become widely recognized. They prefer terms that are familiar over terms that are perhaps more correct in their own language.

This is how we have coined words such as resetear (reset), zipear (zip), formatear (format), tipear (type) and bacapear (backup), for example.

As translators, we are frequently horrified when reading text in Spanish that “sounds like English” precisely because they mirror the original in English. We find ourselves saying, “I would never translate like this”. However, the problem is that at times, some clients present us with a dilemma. We can either respect their wishes and use their preferred terminology even if it sounds like English, or translate and follow our own linguistic criteria, creating a text that is less literal but sounds more natural.

As a product of this balance between keeping the client happy and respecting linguistic rules, Spanglish has emerged on the translation market as a linguistic invention situated halfway between English and Spanish. While it has proven to be very useful for clients, reading Spanglish, however, becomes a nightmare for Spanish-speakers who try to conserve the beauty of such a rich romance language as is the Spanish language.