Translation Services

Certified Translations for Translation Agencies: The Good, the Bad, and the Unacceptable

By C. K. Eichbauer

 

Like many of my freelance colleagues, as a certified translator, I have provided certified translations to a wide range of clients over the years. Generally, they fall into two categories: direct clients and indirect clients. My direct clients, i.e. those who approach me directly, include private clients who are most often looking for certified translations of personal documents (birth certificates, etc.). Then there are corporate clients who get in touch because they are looking for a professional translator to translate marketing materials or financial documents, etc. and prefer to deal with the translation professional directly instead of a large language service provider, aka an agency. The advantage of working with direct clients is—you guessed it—that I can communicate with them directly. Although it is more time-consuming, the direct connection to clients allows me to ascertain their needs, ensure good customer service and deal with any issues or questions that may arise. And it makes better business sense.

Nevertheless, I also work for indirect clients, mostly translation agencies. They serve as the intermediary between me and their end-client(s), and frequently approach me for certified translations. In their role as corporate language service providers, they deal with all aspects relating to the end-client. They take a cut for this and I “only” provide them with a certified translation. I have no contact with their end-client and work at a lower rate, because the agency charges a percentage for their part. When all goes well, and I am dealing with an experienced project manager who communicates clearly with the end-client and me, I enjoy agency translations. They allow me to focus on translation instead of customer service and administrative tasks. Over the past 20+ years, I have had the opportunity to work for many different translation agencies across the country, from very large corporations to small regional businesses. I have had some great—and some not so great—experiences. At the end of the day, looking back, the tips I am sharing with you here are based on my own personal experience and on what I have learned. Deciding what works for you and what doesn’t is always a personal decision.

 

Tip No. 1: Know what you are signing

As I write, a multinational translation agency out of New York has just approached me for a certified translation for one of their corporate end-clients. I explained to the project manager that I cannot fulfill her request to proofread and then provide a “non-notarized linguist cert stamped with an ATIO stamp,” as she puts it. I can only certify the accuracy of my own translation, I tell her. Then she requests that prior to doing the certified translation myself now (“the client said it’s okay”), I “quickly sign” a 7-page independent contractor’s agreement. This agreement contains clauses that would essentially expose me to substantial legal risks, third-party audits of my office, etc. I explain to the project manager that as a member in good standing of several Canadian translators and interpreters’ associations, I would be happy to sign an (additional) confidentiality agreement and a non-competition clause, but that I would have to have my lawyer review such a lengthy agreement, which at first glance does not seem beneficial for me. So—you guessed it—I didn’t sign, and didn’t get the assignment.

Another agency—and this is going back a couple of years—tried to pressure me to provide them with a pre-signed certification template on their letterhead. To reduce “mailing cost of certified translations and for efficiency reasons,” they asked that I basically provide them with a “blank signed cheque.” I explained to them that since I have no control over what my signature will be used for—after all, they are based in another province, I’ve never been to their office, etc.—I cannot provide them with such a signed template. Although they assured me that many of my certified colleagues had no issue with doing so, I didn’t accept the assignment.

 

Tip No. 2: Know your worth

As a Certified Translator, you have worked hard to earn the right to issue a certified translation—a legal and/or official document—which may be required and used in a variety of settings (e.g. government, court, etc.). Some agencies I’ve worked with over the years value my service and expertise. They know what my rates are and, although they may ask me for some flexibility at times, they don’t approach me with ridiculous requests. Then there are other agencies that have offered me “very large projects,” “very general texts,” but at a cutthroat rate (e.g. 3 cents per word?!); and with the expectation that I deliver a high-quality certified translation. If an agency tells me that they can get the same service for a ridiculously low rate from someone else, I politely let them go.

 

Tip No. 3: Know the project requirements, delivery, and payment terms

Remember, this is your livelihood and you are entering into a business relationship with an agency. I, for one, always require some sort of assignment confirmation in writing. It may be a purchase or work order, an agreement, or even a very detailed email, clearly specifying the assignment. Before I accept, I need to view the document(s) to be translated. Then I decide how to charge for my work (per word—source or target?—hourly or flat rate). Additional details include: Have you considered or do you charge GST/HST? What will the certified translation (not) include? How will it be delivered (electronically, by mail, courier or Express Post?) How much are they paying you for your services, how (cheque, Interac e-transfer, PayPal?) and by when? I have had some agencies request NET 45 or NET 60 payment terms. In some instances, that is acceptable to me, but in others it’s not. At the end of the day, as a freelancer, I have earned the right and privilege to decide and negotiate what works for me and what doesn’t.

 

Tip No. 4: Know the format and purpose of a certified translation

As I was reminded recently, when neither the end-client nor the agency is clear on what is required, they cannot properly communicate it to us, the certified translators. In this case, the end-client needed an “affidavit” in addition to a translator’s statement/declaration and the certified translation, after the fact. The agency, however, only advised me after I had provided the certified translation to them, that now their end-client wanted an affidavit to authenticate the document. I told the agency that such an affidavit certifying the authenticity of the original document couldn’t be provided by me, because a) I didn’t see the original, b) the original wasn’t complete and c) this was the responsibility of a notary, not a certified translator. The end-client then went so far as to contact my translator’s association to suggest that I was refusing service, which in turn contacted me. It turned out that this was primarily a case of miscommunication in clarifying the requirements. Once everyone was communicating properly, the issue could be resolved by re-issuing the certified translation and including an affidavit authenticating my signature. This was an instance in which not being able to communicate directly with the end-client proved to be quite a challenge.

Throughout the years, I have often found myself explaining to end-clients and to project managers what I can and cannot provide. I explain to them that I will include a certified translator’s declaration or statement with my translation; that I attach the source document to the certified translation, and that I stamp or seal and sign the declaration and the translation. At times, and mainly for court purposes, I have been asked to provide an affidavit in addition to all of the above. Then I ask my agency clients to let me know in advance, so I can estimate notary cost and my administrative charge for this service. If everyone knows what the requirements are and what purpose the certified translation is to serve (court, government agency, employer, etc.) then chances are we are all on the same page.

 

Tip No. 5: Know the scope of your responsibilities

Just the other day, an agency client approached me with the following request: They emailed me a number of financial documents, account statements, etc. together with a form. Instead of providing them with a certified translation of the actual documents, they asked me just to enter my translation of “key information” in a column in their form. The key information required included account services, account history, etc. Their request was for me to review the foreign language documents, select the information, translate only that information and then enter it into a form provided by them for their end-client, presumably a bank. All of this at a low rate, of course. I politely declined, explaining that it was outside my scope of responsibilities to decide which information they/their end client considered to be “key information”. This type of request sometimes comes in the form of “please translate only the most important information in this document,” which I also decline, for the same reason. I then invite the client to mark the sections they would like to have translated and include an appropriate translator’s note in the certified translation.

 

Tip No. 6: Know red flags

Many red flags in our industry are payment-related. My agency clients value the fact that they can rely on me to deliver good quality translations on time. Most of them pay in a timely manner. Nevertheless, I have also come across agencies that are not quite so reliable when it comes to payment. To check whether payment could be an issue with a new agency client, the following steps might help:

  1. Ask the project manager about their payment terms and methods before you accept the assignment. NET 30, NET 60, or more, by cheque, by Interac e-transfer, by direct deposit? If the response is evasive, non-specific or lacking … red flag!
  2. This cannot be stressed enough: Insist on a written purchase order/contract which includes payment terms and method. If the agency refuses to specify anything in writing … red flag!
  3. If the amount exceeds a certain threshold (e.g. several thousand dollars), insist on a 50% down-payment upfront. If the agency has an issue with a down-payment on a large volume project … red flag!
  4. If you have not received your payment on time and when you remind them (always do!) they use excuses like “our accountant is on vacation…”, “we can’t find your invoice…”, etc. … red flag!

 

Tip No. 7: Know how to spot potential fraud

The Internet has provided us with the opportunity to provide translation services nationally and internationally. Unfortunately, it has also made it easier for fraudsters to attempt to scam language professionals. Based on my experience, more often than not, if a request sounds toogood to be true, it is. And, if your gut feeling tells you to be careful, it’s usually a good idea to listen. Depending on your comfort level, you may be fine with providing certified translations to agency clients from other continents or you may not. If you do, though, it’s important toremember that if there are any problems, the physical distance alone would be a hindranceto resolving them. Also, business practices in other countries may differ from the Canadianlegal and business environment, which may impact purchase orders, non-disclosureagreements and contracts. One example here involves upfront payment by cheque(including bank certified cheques), which, based on my experience, you may wish to avoid. The translator provides a quote for a large-volume project, requesting an upfront deposit or fullpayment. The fraudster sends, for instance, a bank-certified cheque to the translator thatsignificantly exceeds the amount due. The fraudster then requests that you pay back theoverpayment by an electronic bank transfer or by a money transfer service, e.g. WesternUnion. Once they have received your payment, the certified cheque is returned by the bank as fraudulent, leaving you out of pocket. Always research your prospective agency clientsthoroughly by visiting their website, perhaps checking with the Better Business Bureau andcalling them directly to ensure that you are dealing with a reputable business. (Ed. We havepointed out this scam in past Voice editions so this should not be new to any of our regularreaders!)

 

Tip No. 8: Know your responsibilities

Usually, when freelance translators provide translation services for an agency, it’s the agency’s job to look after editing and proofreading the translation (usually by a second qualified translator), before delivering the final translation to the end-client. The agency takes a cut for this service and therefore the freelance translator normally earns less than if they were working directly for an end-client. For certified translations, however, the process may be different and thus requires clarification with the client, ideally upfront. Are they reviewing the translation before it is printed and certified? Is the certified translator (you) responsible for your own editing & proofreading (either yourself or by sub-contracting another colleague)? If I do my own editing & proofreading, I charge the agency more to cover this expense. I have also been asked to proofread and edit translations completed by non-certified translators and certify it. Since I am certifying the accuracy and completeness of my own translation, these types of requests are unacceptable to me. (Ed. According to STIBC’s ethics, certified translators may only certify their own translations!)

 

Tip No. 9: Know the importance of confidentiality

Although this is an important component of any association membership for Certified Translators, many agencies require that an additional non-disclosure agreement be signed. If you are working with another certified translator, e.g. for editing and proofreading, ensure that the agency is made aware up front and that the colleague is also included. On the flip side, I suggest reading the NDA very carefully to ensure that the agency is not attempting to restrict your business practices, since they are not your only client. I have been asked to sign so-called non-disclosure agreements that were restrictive in terms of working for other clients or included personal liability clauses, although it is usually the agency that should have final responsibility for a translation if it manages the relationship with the end-client.

 

Tip No. 10: Know the range of technology and services

Technology has come a long way over the last two decades. On the one hand, it has significantly helped language professionals improve the efficiency and quality of their own work. On the other hand, it has also allowed some international agencies to exploit certain freelance translators by misusing the advantages that technology has to offer. Translation memory, for example, originally developed by translators to improve their own efficiency and consistency, is now helping some agencies reduce the per-word rate paid to the freelance translator by using repetitions. Some agencies pass these savings on to their end-clients, but others do not. Some agencies use online platforms to manage, upload and transfer source documents and translations and are now attempting to find ways to digitize certified translations, thus possibly encroaching on our responsibilities as certified translators. While computerizing and automating certain tasks, and using technology to deliver better quality translations more efficiently makes sense, let’s not overlook the human element. With any technology solution I ask myself: Whom does it help in the end? Do I, as a Certified Translator, benefit from the cost-savings and efficiencies? I am running a business after all, and this is my livelihood. Keeping in mind that translation is both a skill and an art involving, among other human abilities, consciousness, technology should serve us, but we should continue to be aware of its limitations.

One of the more interesting aspects of working as a Certified Translator is my own process of continuous learning and then being able to pass on knowledge. In closing, let me leave you with this quote:

In vain have you acquired knowledge if you have not imparted it to others.

Deuteronomy Rabbah

 

Author: Claudia K. Eichbauer

Certified Translator & Certified Conference Interpreter, German<>English

Editor: Aurelia Sedlmair

Certified Translator, German<>English

Article originally published in The STIBC Voice, April 2020.

Preparing for, and passing, the Code of Ethics exam.

The Code of Ethics exam is just around the corner, March 9th to be exact, and if you are just as nervous as I was, keep on reading.

I always become very stressed out about writing exams; I try to avoid them at all costs.  However, sometimes they are unavoidable such as the Code of Ethics (C of E) exam you need to take if you want to become a member of the Association of Translators and Interpreters of Alberta (ATIA) and eventually a certified Translator/Interpreter.  I was especially nervous about this exam since the passing rate is below 50 percent. Many people I talked to failed this exam the first time, and sometimes the second time as well.

The exam I wrote (it is subject to be revised and changed by the Association at regular intervals!) consisted of 20 questions with multiple choice answers.  The passing mark is 80 percent which means you can have only four incorrect answers.  Each question will give you a specific scenario, and from there you have to form your answer. You will have a limited amount of time to write this exam.

I am very fortunate to have passed this exam the first time!  I am not gloating about it—ok, maybe a little—but the message is:  If I can do it, you can too!

How did I prepare for it?  A month or so before the exam I started reading the C of E every single morning as I sipped my first cup of London Fog.  I took notes, and I became very familiar with its content.

I also took the webinar? that was offered by ATIA, and I have to say this was extremely helpful.  It allowed me to think about the rules and regulations of the C of E from a different perspective.  Since the webinar was live, we were able to have discussions, questions, and exercises.  The week following the webinar, I reviewed the exercises we did and the reasoning behind the answers.

When it finally came time to write the exam, I knew I was prepared and felt confident.  Of course, once I sat down to write the exam my heart started to pound loudly, my mouth was extremely dry, my vision became blurry, and my mind was completely blank.  After a few minutes, I regained my composure and proceeded to write the exam.  I found most of the questions straightforward and the ones I had doubt about, I left blank to come back to afterward.  When writing this exam, it’s important to always think of the question in reference to the C of E and not just what you imagine the correct response should be.  Once I finished, I went back and made sure I had answered all the questions and quickly reviewed the answers.

If you are writing the C of E on March 9th, start reading it every day now, take notes, and become very familiar with it. Invest in the webinar?because it can be the deciding factor on passing this exam.  Once you are there writing the exam, take a deep breath and trust that you are prepared to pass this exam, and answer well.

Good luck!  I know you can do it!



???Paulina Ponsford was born in Chile and has lived most of her adult life in Canada.  She worked as an Accountant for thirty years in the Oil and Gas industry in Calgary.  At the same time, she always wanted to connect with people at a different level and for this reason, she became a volunteer Fitness Instructor and later on a Certified Facilitator in the area of human interaction.  Paulina is now preparing to become a Translator and Interpreter in the languages of English and Spanish.  Paulina also loves to travel and embraces what different cultures have to offer.  She is also an avid reader and some of her favorite authors are Paulo Coelho, Khaled Hosseini, Mark Mustian, and Isabel Allende.  If you would like to know more about Paulina, check out her blog at www.paulinaponsford.com where she shares some of her thoughts, insights, and experiences.  

Translating Revolutions: The Activist Translator! (Guest Blog)

Revolutions have always been central in shaping and determining the course of human history. The concept itself refers to radical, transformative changes which denote several phenomena from the “industrial revolution”, the “sexual revolution”, to more contemporary revolutions that spark off fundamental political/institutional changes (e.g. The Bolshevik Revolution) and promote universal values such as democracy, human rights, real citizenship, emancipation, equality, and justice (e.g. The Arab Spring). Revolutions are theorized, led, and performed through language which is the vehicle of the people’s aspirations and demands. Thus, as Umberto Eco asserts, revolutions can be looked at as “open texts at the literal and semiotic levels” that can, through translation, cross transnational borders and mobilize any populace in the world. Just as contemporary revolutions and uprisings continue to unfold acquire new meanings and significations, so too does the role of translators and interpreters.

Since the beginning of the 21st century, translation research started to take a new path, which is marked by activism and engagement. The invention of the internet, the new technological developments in communication and digital materials, and the rise of cyber activism, have spawn a new dimension of translation called “the activist turn” (Wolf 129). It postulates that translators are not mere linguistic and cultural intermediaries, but rather individuals committed to human causes and agents of resistance and emancipation. In other words, translation is not merely about transferring words from one language to another and examining whether a translation is faithful or not. Instead, the focus is on the social, cultural, political, and ideological factors that inform and shape the translators’ choices. Particularly, it is on the politics of translation as well as the visibility/agency of translators.

Interestingly, translation has become a medium for expressing dissent. In fact, translators have used their multi linguistic knowledge to empower voices that have been not heard. In his book, Challenging Codes: Collective Action in the Information Age, Italian sociologist Alberto Melucci argues that language and translation constitute a space of resistance, a means of reversing the symbolic order. In the same vein, Mona Baker, a professor of Translation Studies at the University of Manchester, adds in her article Translation as an Alternative Space for Political Action that translators “have broken away from a long tradition of positioning themselves purely as neutral, unengaged professionals who stand in some ‘liminal’ space between cultures and political divides”. Thus, individuals who translate texts and utterances cannot be neutral and apolitical, but rather they do take sides and influence the outcome of the mediation by constructing new realities and identities.

Historically, translation played a crucial role during the emancipation movements that began in the late 18th century in Latin America. Georges L. Bastin, Alvaro Echeverri and Angela Campo claim that “translators, like other actors in history, do not function in a vacuum; rather they are social beings and as such espouse ideologies and identities that are particular to their social contexts.” Among the cases that are worth mentioning, there is Antonio Narino who translated the 1789 La declaration des droits de l’homme et du citoyen to Spanish and Juan Picornell who translated to Spanish Lettres aux Espagnols americains, written originally by the Peruvian Jesuit Juan Pablo Viscardo. One cannot also ignore the Spanish translations of the United States Declaration of independence and the constitution of the USA. Published between 1789 and 1812, these translations are among the central components of the ideological cornerstone of emancipation in Latin America.

In the Middle East and during the wave of revolutions that shook the region, translation has operated as the gateway through which the masses propagated their revolutionary narratives to people all over the world. For instance, Revolutionary Arab Rap (http://revolutionaryarabrap.blogspot.ca/) is a blog that comprises numerous translated musical productions mainly rap and hip-hop by male and female artists from the countries that witnessed the Arab Spring. The blog translatingrev.wordpress.com is a platform where students from the American University of Cairo contributed to the translation of chants, signs, banners, jokes, interviews and poems produced in Tahrir Square. Moreover, translators were engaged in the documentation and archiving of the Egyptian revolution by creating websites and blogs such as http://www.tahrirdocuments.org/ site. Materials are collected from demonstrations in Cairo’s Tahrir Square and published in complete English translation alongside scans of the original documents. Subtitling videos of the Egyptian revolution was another area of engagement. As a matter of fact, non-profit media collective known as “Mosireen” played a pivotal role in providing subtitles to videos of demonstrations and sit-ins. By doing that, it has created a digital space not only to support citizen media but also to circumvent the narrative of the government through translating the events for a wider audience. In this regard, translation becomes the link that enables activists to connect with protest movements abroad. Hence, translation is a political act and represents a key element of the revolutionary project.

Translation has been and will remain a catalyst for sociopolitical change. It may be argued that its supposed neutrality is pure fiction as translators, and throughout history, have promoted a wide variety of agendas from Saint Jerome’s commitment to women’s education to translator’s participations in social movements and revolutions. Salah Baslamah, a professor at the University of Ottawa, has developed a new vision of translation and translation called “Citizen Translation”. This vision highlights the need to promote the translator’s visibility and socio-political commitment. Nevertheless, the question that will keep spilling a lot of ink: how can translators be engaged in their communities while at the same time remaining faithful to the original texts?


Houssem Ben LazregHoussem Ben Lazreg is currently a Ph. D. candidate, a freelance translator/interpreter, and a teaching assistant of Arabic/ French in the Department of Modern Languages and Cultural Studies at the University of Alberta. He was a Fulbright Foreign Language Teaching Assistant of Arabic at Michigan State University from 2010–2011. He holds a Masters Degree in TESOL from Nazareth College of Rochester.