Does this language service company have a conflict of interest?

  • 03/20/2023 15:28
    Message # 13138729
    Ethics Panel (Administrator)

    A language service company, owned by a husband and wife who themselves are practicing interpreters, received a request from an attorney for a Transcription/Translation (T/T) of a recorded interview in a pending legal case. Neither of the owners is involved in that legal case. Upon review of the interview, the owners realized that they know the interpreter of the interview and that they have worked with that interpreter in court on various occasions.
    Question: Does this constitute a conflict of interest? Do the owners of the language service company need to disclose to their client (requesting attorney) that the owners know the interpreter of the recorded interview and have worked with this interpreter in court on various occasions?

    Last modified: 04/27/2023 19:00 | Ethics Panel (Administrator)
  • 03/20/2023 15:28
    Reply # 13138731 on 13138729
    Ethics Panel (Administrator)

    Answer: There is no real conflict of interest provided that:

    1. The individual who interpreted the interview is not an employee of the language service company hired for the Transcription/Translation.
    2. The individual who interpreted the interview was not contracted by the language service company to interpret the recorded interview for which the company is now being retained to transcribe and translate.
    3. The language service company owners, who would be the ones actually transcribing, translating and reviewing the T/T, are able to remain impartial in faithfully rendering the T/T and unbiased by any personal feelings they may have about the interpreter of the recorded interview. If the language service company owners are unable to remain impartial, then the company can subcontract with another transcriptionist/translator who does not know the interpreter of the recorded interview.

    A real conflict of interest exists when there is some interest in the outcome, financial or otherwise. Bear in mind, however, that the transcriber/translator may be called as expert witnesses in any matter in which this T/T is introduced into evidence.

    The Standards of Practice and Ethics for Washington State Judiciary Interpreters is a valuable resource that covers these topics in depth.


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