The top 5 Challenges of Translating Legal Documents (and How to Overcome Them!)

Posted on January 17, 2023
By Lingual Consultancy Services

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It takes much more than just changing or translating a text document from one language to another. Any minor mistake or skipped word might result in various legal problems for the parties involved, which almost never turns out nicely. Subject Matter Experts (SMEs) translate legal documents as part of their work.
The translator must thoroughly understand the legal systems mentioned for the sentence to make sense and flow in a straightforward & precise legal language. Legal translations call for meticulous attention to detail and an in-depth understanding of specialized terminology. To provide specialist translations in the legal industry, it is simply not sufficient to be just bilingual. A background in the field, experience, and specific legal expertise is also very beneficial.

Challenges With Legal Translation

Since every nation has a different legal system and specific legal terms that must be appropriately translated into the target language of a translation, the area of legal translation is challenging. The main difficulties in translating a legal document originate from the disparity between the two legal systems it refers to. The process of translating is made more difficult for the legal translator by the need to accurately refer to and describe the discrepancies in two legal systems as well as the typical linguistic and cultural distinctions between the two languages.
Let's review the main obstacles that legal translators have to face on a daily basis:

1. Different countries have different legal systems

The legal systems of various countries vary greatly, and so do the particular legal documentation & referential dialects. Because there is no one "best practices" manual addressing the majority of systems, this might lead to uncertainty in translation, which must be prevented at all costs. A legal translator should be familiar with all the differences and similarities between the standards of the source and target languages. Experts should be aware that there are words in the target language with no or many counterparts. Without an expert grasp of legal terminology, translators are likely to leave space for interpretation. It can lead to subsequent disagreements, with a wide range of potential ramifications for the client's resources and credibility.

2. Increased penalties for errors or missing deadlines

In legal systems, everything must be completed by specific dates, and every translator, regardless of specialty, will try to meet these dates (deadlines). Most of the time, court dates, deadlines, and business activities are connected to legal papers. In this field, delays can result in several difficult circumstances for the translators as well as their clients and the business associates of their clients. The translators should be well-equipped to deal with any obstacles they may encounter to fulfill the final deadline. If not, there might be heavy penalties for their clients.

3. Detail-Oriented Approach to Syntax and Punctuation

The grammar of legal papers is the most challenging aspect of translation. Using the passive voice, long, complicated phrases that appear to go on forever and an unlimited number of commas, semicolons, and apostrophes are the norms in the legal sector. There are several standards for punctuation as well.
Since most nations use the same best practice of the wooden language when creating legal documents, the translation must adhere to the same standards as the original. A comma might easily be mistaken for a semicolon or a period and can be added in the wrong spot. In legal contracts, where every exclusion or interpretation can alter the terms and conditions, a misplaced word or syntax is unfortunately enough to cause uncertainty. Having a second set of eyes to review your work for errors is the apt approach to prevent making them. Alternatively, have the translated version of the document reviewed by a local expert before giving it to the customer.

4. Lack of Flexibility in Choice Of word

The fact that legalese is a very formal language does not make it any simpler. Legal professionals frequently utilize words that even native speakers struggle to grasp and frequently misuse. It is known as a "language inside the language." Knowing the scenarios in which specific terminology is used is important for a legal translator. Most legal terminology is rarely used in regular conversation, and occasionally even native speakers misinterpret them, making this a difficult task.
Though translators must evaluate the original text and comprehend its content, they are only given a very limited range of options regarding word choice. The most effective approach to deal with this difficulty in translating legal papers may be to work with a dictionary of terminology and develop a strong legal translation glossary. Additionally, it decreases the possibility of translation mistakes and saves linguists time.

5. Laws that are always changing

Not only are legal systems unique, but they also are always evolving. It implies that at the conclusion of the timeframe for your translation job, laws that were in effect a week or a month ago may no longer be applicable. By the date you meet your deadlines, templates, and instructions that were effective a week or a month ago may no longer be applicable. Consequently, even when they occur overnight, legal translators should constantly stay up-to-date on the newest developments. It entails staying updated on every point happening on both sides and keeping a close watch on any new legislation that might impact their line of work. Most legal translators are members of professional organizations, which helps guarantee that their expertise is updated.

To Conclude 

Legal document translation is not exactly simple. It's a demanding task that requires quick thinking, legal expertise, and linguistic proficiency. And most importantly, translating legal documents requires translators to have a high degree of competence to satisfy all the standards in this field. Get in touch with us for a legal translation specialist if you need a legal document translated that can help ensure the completed output is appropriate.
Lingual Consultancy is experienced and highly precise in providing high-quality legal translation for all significant language pairs around the globe. We have a team of native legal translators with years of experience translating legal documents, serving clients closely while keeping tabs on the latest developments.