Legal translation is the translation of texts within the field of law. The development of international markets, globalization and migration have created a constantly growing need for legal translations.

But how common is legal translation and does it require trained professionals and specialized terminology? To answer these questions, the different types of legal texts need to be considered.

What Kinds of Legal Texts Are There and Why Translate Them?

Legal text is defined as any document used in a legal system and drafted in accordance with the applicable laws of a country. Legal texts cover an extensive list of documents depending on the services and the needs they serve. Some of the most popular ones include certificates (marriage, birth, etc.), proxies, employment contracts and agreements, testaments, affidavits and confidentiality agreements.

Now, why would someone need to translate these documents? Relocation to another country for work or studies is one of the main reasons. Establishing or moving company offices to a foreign country also requires the translation of documents to enable its legal operation. In short, any legal transaction in another country requires the translation of the relevant documents.

Who Performs Legal Translations?

One might think that legal translation is relatively simple as most texts use the same terminology, which is often repeated. However, legal translation is far from a simple process. A mere numerical mistake, a wrong name or a term’s misinterpretation can result in serious penalties. In the case of contracts, wills or documents submitted in court, such errors are unacceptable and can result in expensive misunderstandings and avoidable lawsuits. Inaccuracies and mistranslations can prove criminal while even punctuation mistakes can instigate legal battles between conglomerates. One such example was the comma that cost 1 million CAD.

Because of that, the translators that work with these kinds of documents should be specialized in legal terminology, have a good eye for detail and be very meticulous in their work. Legal translations are usually performed by specialized linguists that have attended specialized legal terminology courses or oftentimes by lawyers that have also studied or made a career turn towards translation.

The Differences in Legal Systems

The legal translation can differ greatly in each country. Aside from the language barriers and the legal terminology, the differences in legal systems can make legal translation very complex. In these cases, a legal translator should be familiar with the civil codes of both countries (source and target language). There are countries with the same or similar laws as well as countries with the same language but different laws. Greece and Cyprus are an example of this, as they share the same language, but have different civil codes. While the Cypriot civil code is based on the English common law, the Greek civil law is based on the Germanic civil law.

So, as well as understanding and precisely translating the legal rights and duties of the original text, legal translators must also bear in mind the legal system of the source text and the legal system of the target text  which may differ greatly from each other: Anglo-American common law, Germanic civil law, Islamic law, etc.

Since law is a culture-dependent subject field, legal translation is not necessarily linguistically transparent. To avoid intransparency in the translation, the linguist should always translate according to the applicable laws of the country where the text is drafted. If translated according to the laws of the target country, there may be misunderstandings and mistranslations. Therefore, the translator should always follow the source language terminology and use Latin legal terminology, where possible.

The Critical Role of Legal Translation in a Globalized World

In conclusion, legal translation plays a crucial role in today’s interconnected world, where globalization, international markets, and migration demand accurate and culturally sensitive translations of legal documents. The complexity of legal systems, the importance of precise terminology, and the potential consequences of errors underscore the necessity of employing trained professionals for this specialized task.

Legal translators not only need to master both source and target languages but also possess a deep understanding of the legal frameworks and terminologies of both jurisdictions. Their expertise ensures that legal documents retain their intended meaning and validity across different legal systems, thereby facilitating smooth legal transactions and compliance on a global scale.