The Challenges of Translating Legal Documents

Sign up for our newsletter on globalization and localization matters.

Legal texts can be difficult to read, let alone translate. From the differences in legal systems to the lack of equivalence when it comes to certain terms or concepts, there are many challenges when it comes to thetranslation of legal documents.

Below, we’ll take a look at four general challenges faced by legal translators as well as three challenges related to specific documents.

General challenges

Legalese

Legalese or technical legal language is challenging in its own right. Conveying the terminology that exists in one legal system to another is quite an endeavor. Not to mention legal documents often use “wooden language” (i.e., vague, ambitious and confusing language) that can be rather difficult to both understand and accurately put across.

False friends

Legal terms often share the spelling with common-use words. This can lead to one word having two possible translations in the target language and, therefore, to false friends (words that sound or are spelled similarly in two given languages but actually have different meanings). For example, the term “declaración” in Spanish can be translated as “declaration” or “statement” depending on the context.

Different legal systems

Every country has its own legal system and documents. They can, of course, have their similarities but it is almost a given that certain terms or concepts that exist in one language will vary or just not exist in the other. This makes an understanding of both the source and target legal systems crucial for any legal translator.

Changing legal systems

Laws and legal systems are periodically modified or amended. This means that legal translators must keep up to date with these changes to consistently provide high-quality translations. Subscribing to legal periodicals or joining professional associations, like theATA Law Division, are great ways to do this.

Document-based challenges

Contracts

The toughest challenge when it comes to the translation of contracts is avoiding ambiguity. As we’ve mentioned, legalese can be difficult to understand. Translators need to be aware of the nuances of both languages to deliver a translation that is clear and free of ambiguity.

Financial records

Most of us are familiar with the decimal numeral system. However, this system has differences when it comes to English and other languages. Decimals are separated by a decimal point in English, but a comma in French, Spanish, and German.

Moreover, Chinese has two native written numeral systems in addition to the widespread Arabic numerals. It is worth noting that Chinese numerals are not only used in China, but also other Asian countries such as Japan and Korea.

Intellectual property

In addition to the differences in terminology, the translation of intellectual property must deal with differences in regulation. For example, patent requirements can vary depending on the country. Translations should reflect these changes to avoid any issues in patent applications.

Legal translators carry a lot of responsibility as a mistake can have critical consequences. This is why they must undergo the appropriate training, be aware of these challenges, and keep abreast of any changes.

Do you want to contribute with an article, a blog post or a webinar?

We’re always on the lookout for informative, useful and well-researched content relative to our industry.

Write to us.