Posted on

VRS Sign Language Interpreters: An Appropriate Legal Tool?

VRS Sign Language Interpreters - An Appropriate Legal Tool

As municipalities increasingly deal with budget constraints, many are turning to VRI or VRS for interpreting services in legal settings. Tara Potterveld and Nichola Horrell Schmitz explore the cost and efficacy of this approach.

More cities, counties and states deal with budget cuts and economic shortfalls, money designated for courts, District Attorney’s and Public Attorney’s Offices is being reduced. Unintended and often overlooked victims of these financial cutbacks include Deaf persons. Best practice to protect Deaf people’s right to due process in legal interactions is to have Certified Deaf Interpreters (CDIs) work as a team with legally certified hearing interpreters (SC:L).[1] Yet, the expense of providing sign language interpreters to Deaf persons in legal settings clashes with the need of jurisdictions to significantly reduce spending.

[Click to view post in ASL]

Denying communication services to qualified individuals is both illegal and counter-productive. As municipalities look for ways to cut costs, one area they are exploring is reducing interpreting service budgets by resorting to technology. The two predominant technologies are Video Remote Interpreting (VRI), a fee-based interpreting service that usually charges by the minute and Video Relay Services (VRS) provided by the Federal Communication Commission at no cost to users.

Video Remote Interpreting (VRI) is used more often in courts as budget concerns increase. The courts are seeing that they can save money by not paying interpreters to travel to the courthouse. Many court hearings only last 15 minutes so the courts save money by not paying the standard two-hour minimum for a team of two or more interpreters. The court pays the VRI company only for the minutes that the interpreter team is utilized. VRI can be successful if certain parameters are met such as: using a full team of interpreters (CDI and SC:L) for legal work; obtaining preparation materials before a hearing; and establishing communication with the Deaf person involved in the case before commencing. Nikki and Tara (the authors) have tried this system as a team and experienced both positives and negatives.

Video Relay Services (VRS) differ from Video Remote Interpreting (VRI). Using VRS to access interpreters is an attractive option for cash-starved entities because VRS is free of charge for courts or attorneys communicating with a Deaf person. Given this trend we must ask if VRS interactions help or harm Deaf people in legal situations. Many VRS interpreters are competent, but rarely possess legal certification.[2] Some VRS interpreters do not possess any certification[3] and thus there is no way to assess the quality and competency of their interpretations.[4] No large VRS agencies, that we are aware of, have CDIs on staff ready to handle legal calls.

The Federal Communications Commission (FCC) oversees all VRS companies. The FCC mandates that: “Preferential treatment of calls is prohibited. VRS providers must handle calls in the order in which they are received.” Consequently, a sign language interpreter answering the call may have little or no experience with legal issues. A VRS interpreter can call for a team to witness and assist a legal call, but there is no guarantee that either interpreter will have the skills and knowledge necessary to interpret the call accurately. From informal polling, we found that many VRS call centers do not have any legally certified and trained interpreters on staff. Granted, the FCC does not allow VRS interpreters to swear an oath of accuracy and impartiality for court proceedings, yet courts and attorneys use VRS interpreters to handle a variety of hearings and client-attorney discussions without checking into the skills and qualifications of the interpreters.

Even very good interpreters make mistakes due to a number of uncontrollable factors, including technical difficulties like video transmission problems and poor audio. VRS interpreters have no preparation time before accepting a call. VRS interpreters are not privy to documents related to the case and might not be aware of the nature of the charges. VRS interpreters cannot see the courtroom or evidence presented. The interpreters cannot see people in the court and probably will not be able to distinguish the role or context of the speakers. They only see the Deaf person involved in the case who is in a different location. (FCC rules prohibit Deaf and hearing callers from being in the same room during a call). VRS interpreters often get calls from other states and unlike local sign language interpreters, may not be familiar with the location of the crime or regional signs used by the Deaf person. According to the FCC, VRS interpreters must continually process a call between a Deaf and non-Deaf person for a minimum of 10 minutes before transferring the call to another (possibly more skilled or possibly less skilled) interpreter unless the Deaf consumer asks for a transfer.

It is troubling that VRS providers do not hire CDIs to assist in all legal calls. The FCC allows hiring CDIs, but VRS companies find it costly to have CDIs on site for legal calls. Yet, we know from research how valuable CDIs are to providing a fair and just linguistic experience for Deaf people in the legal system. Carla Mathers eloquently writes: “Undoubtedly, the legal system presents a linguistic minefield and imposes substantial barriers to understanding for most deaf individuals and many court interpreters. Even with a highly skilled legal interpreter, a deaf person may not have the framework to understand the proceedings in a manner sufficient to advise and receive advice from counsel. Deaf interpreters have rich ways of communicating that are generally unavailable even to the most skilled interpreter who can hear.”[5]

We know that legal situations have high stake implications for Deaf people’s lives. It is questionable if VRS interpreters should be allowed to handle legal calls without legal certification and access to a CDI. Balancing a Deaf person’s right to due process and a municipality’s need to reduce costs is a difficult dilemma. We as Deaf persons and sign language interpreters need to work on guidelines and laws that will protect Deaf persons. It is time for a national dialogue on issues of legal justice regarding Deaf people and whether justice is compromised by using VRS without proper safeguards.

 

 

Nichola Horrell Schmitz, MA, CDI, CLIP-R, a freelance interpreter, is fluent in ASL, Mexican and Pakistan Sign Languages and various signed dialects.

References

[1] The Mid-America Regional Interpreter Education (MARIE) Center has current research on this topic on their website, http://www.unco.edu/marie.

[2] Registry of Interpreters for the Deaf published demographics in 2011 showing of 15,617 members, only 263 held a Special Certificate:Legal (SC:L) and only 124 members held Certified Deaf Interpreter (CDI) certification.

[3] See Brandon Arthur’s article Will Sign Language Interpreters Remain Silent on FCC VRS Reform? StreetLeverage.com (Dec.21, 2011) for a discussion on the pressure for VRS providers “to seek interpreters who command a lower hourly rate.  Logically, these will be interpreters who have yet to obtain their national certification, have fewer years of experience, don’t have the skill-set to effectively do the work…” http://www.streetleverage.com/2011/12/will-sign-language-interpreters-remain-silent-on-fcc-vrs-reform/#sthash.caWykfxJ.dpuf

[4] The FCC does not mandate that VRS interpreters are certified. Although some VRS providers do intake assessments, the criteria and qualifications for competency are not public information.

[5] Mathers, C, “Deaf Interpreters in Court: An accommodation that is more than reasonable,” Publication of the National Consortium of Interpreter Education Centers, (2009), 20.

Posted on

Self-Talk: A Sign Language Interpreter’s Inner Warning System?

Sign Language Interpreter - Scales of Justice

As a sign language interpreter, how do you know when something isn’t quite right? Anna Mindess discusses the importance of heeding our inner dialogue both on and off-the-job.

As my team interpreter and I stood outside the courtroom, red-faced, sputtering and hissing at each other like a pair of angry snakes, it was clear that I could have handled this situation more effectively.

A confluence of factors led to this stressful scene. Our RID Regional Conference had taken many of the legal sign language interpreters with SC:L’s out of town for the week. As one of the few remaining interpreters with legal certification, I was overbooked and had to arrive late to the court proceeding that afternoon: a jury trial with a Deaf defendant. This county’s court interpreter coordinator knew about and accepted my tardiness, as she was desperately trying to find SC:L’s to cover cases and had turned to an outside agency to fill the gaps.

Better Judgment

Thus, as I entered the courtroom, my teammate was already in the midst of interpreting the proceedings. I sat down quietly in the chair behind the defense table. The District Attorney was questioning a witness on the stand. The members of the jury were focused on the testimony. At that point, I did not have time to confer with the other interpreter, whom I had never even met before. Probably, if I had, I might have approached the judge with my concerns prior to the start of the afternoon’s proceedings. Inwardly, I knew that it was not the best idea to go ahead without context or preparation, but given the inconvenience of my entrance, I pushed aside my better judgment and tried to assess the situation at hand.

My attention was immediately drawn to my teammate, first for wearing extremely casual clothes (a T-shirt and khakis) in a formal legal setting and second for their obvious unfamiliarity with basic legal terms such as objection, sustained, overruled, and stipulation which they chose to fingerspell.

“It’s Only Jury Selection”

During a short break in the proceedings, I asked my team interpreter whether they had legal certification or legal training and when they answered in the negative, I asked why they accepted this assignment. The reply, “The agency told me it was only jury selection,” did not assuage my concerns. Ironically, the agency that hired this interpreter specializes in sign language and should have known better than to send an unqualified person to a legal assignment. So I followed up, “Once you arrived and found out that it was the actual trial, why did you continue?” The answer was, “If I didn’t go ahead, they would have had to stop the whole trial.” (As I learned long ago in my legal training, sometimes that is actually the most appropriate option.)

What Are My Options

My team interpreter did not seem to grasp the gravity of a trial and the potential life-altering consequences for the defendant given their lack of legal training and legal certification (one of my state’s laws requires an SC:L for legal proceedings.) Before I arrived in the courtroom, the interpreter had self-identified as “RID certified” because they possess a CI/CT. Most judges are not aware of the difference, unless directed to the specific statute.

At this point, our ten-minute break was coming to an end and the jury was filing in. My mind was racing as I considered my options: write a note and ask to speak with the judge, ask for the other sign language interpreter’s legal credentials (or lack thereof) to be put on the record, slip outside to call the interpreter coordinator? The responsibility to decide on the best course of action in a few seconds had me frozen, until my window of opportunity was gone. Testimony resumed and the other sign language interpreter and I continued trading off tensely.

I decided the best I could do in that moment was closely monitor my teammate and feed signs for legal terms so that the Deaf defendant would have the best chance at accessing the proceedings. I’m sure this only made the situation more stressful for my teammate.

Who Do You Respect in RID?

During our hissing and sputtering encounter at the end of the day, the interpreter accused me of lack of respect, taking the entire matter as a personal insult. I insisted my concern was totally about their lack of legal training. I don’t usually confront my colleagues in this manner, but when the interpreter didn’t seem to get my point, I stated that an SC:L requires hundreds of hours of training and passing a very hard test. “Did you think you could come into a courtroom and improvise?” I asked. No response. Then I inquired, “As an RID certified interpreter, who do you respect in RID, Sharon Neumann Solow? Anna Witter-Merithew? Do you think they would approve of your choices?” The interpreter refused to continue the dialogue and stormed off. Stalemate.

 It Can’t Be that Hard, I’ll Figure it Out

On the drive home, I tried to fathom how this sign language interpreter could have thought it was okay to proceed in a situation with potentially grave consequences, without the qualifications to do the job? After all, the second tenet of the CPC specifies that interpreters should “possess the professional skills and knowledge required for the specific interpreting situation.”

I tried to imagine what thoughts went through their head. Perhaps first, the thrill of being in a new situation, the desire to learn about it, coupled with a sense of confidence from interpreting for 20+ years. Maybe they quieted any inner doubts with thoughts like, “I can handle this, I’m an intelligent person, a skilled interpreter, if there are new vocabulary terms, I can pick them up.” “I like challenges.” “It can’t be that hard, I’ll figure it out.” “They can’t find anyone else, so I’ll just have to do my best.” “I wouldn’t want to stop the whole proceedings and admit any lack on my part. That would be embarrassing.”

Or maybe it was as simple as, “I need the work.”

Examining this hypothetical inner monologue, I noticed there was no mention of the Deaf client’s needs at all. “Ahh,” I thought, “That’s a red flag right there. It’s all about the sign language interpreter.”

A Litany of Excuses

And then, with a start, I realized, there was a reason that I could so easily imagine the rationalizations from that inner voice. In all honesty, I probably have conjured up a similar litany of excuses myself. And in all likelihood, most interpreters have also done so at one time or another–in legal or non-legal settings–if they are willing to admit it. In my case, this occurred–and hopefully it does so much less now–in situations where the Deaf party requires the services of a CDI.

Turn Down the Volume

My current strategy is to be extremely sensitive to the onset of this inner dialogue, so that it acts as a warning system alerting me to stop, assess the entire situation, and consider what is needed to give the Deaf client complete access to vital communication. Yes, it’s true that calling a halt to a meeting or legal proceeding is awkward and may provoke the ire of the lawyers, the judge and the other people involved. But when I cannot, in good conscience, convince myself that the present configuration best serves the needs of the Deaf person, I turn down the volume on that inner emotional voice, so that I can speak up and take action to do the ethically appropriate thing.

Call a Time Out

As a sign language interpreter how do you increase your sensitivity to that inner warning system?

– Monitor your physical responses to the situation. Breathing faster? Stomach tightening up? Your body may be telling you something.

– Are you not comprehending the signs? Resorting to fingerspelling to cope with unfamiliar vocabulary? Do your clients keep repeating themselves?

– Getting distracted by thoughts of how you are being perceived, instead of just focusing on the work?

It’s too hard to think objectively, and plan how to handle a situation that is not working while you are in the middle of interpreting. Call a time out. Breathe. Assess. This will give you a moment to collect yourself and ask the important question, “Should I continue?” Equally important, it will give you an opportunity to consider how to best proceed should the responsible and ethical decision be to stop.

Lets Share Our Collective Wisdom

What strategies do you use to remain sensitive to the alerts of your inner warning system? When have you taken the courageous step to stop the interpretation when you knew something was not working?

Posted on

Sign Language Interpreters: 5 Helpful Tips in Selecting an Attorney

When a sign language interpreter needs an attorney, do we know what to look for? Carla Mathers highlights the top five guidelines for selecting the right legal counsel.

One thing sign language interpreters should know when selecting an attorney is that one size generally does not fit all. There are many misconceptions about attorneys. The generic attitude that a good attorney is something akin to a pit bull is problematic for a number of reasons that I will discuss in this post. In addition, I have several tips for identifying the kinds of attorneys that sign language interpreters might need. If you recall, we already discussed a number of legal issues that affect sign language interpreters as independent business people in How Practicing Sign Language Interpreters Protect Against Legal Liability.

TIP #1: Why do You Need an Attorney

Try this. At a dinner party, ask the attorney sitting next to you what they think about the FCC regulations on sign language interpreters working from home, the recent Supreme Court decision distinguishing interpretation from translation, or even something mundane like the HIPAA Business Associate Contract that sign language interpreters must complete to work at a hospital and watch their eyes glaze over and begin the disclaimer: ‘I don’t practice that kind of law.’

Specific Legal Need

The law is very broad. Most lawyers are subject matter specialists in one or only a few areas and in a specific geographical region. The specific legal need will drive the type of attorney that a sign language interpreter needs to consider. Have you been sued or are contemplating suing someone? Have you been charged with a crime? Are you contemplating divorce or adoption? Are you interested in an attorney who will assist you in reviewing and negotiating contracts? Are you in need of an attorney to assist you in setting up a limited liability company (“LLC”)? Are you interested in providing services in other states and need to know the requirements for foreign corporations to do business in those states?  If the sign language interpreter is seeking counsel to set up an LLC, she should not then look for a criminal defense attorney.

Locate an Attorney

Once the legal need is determined, then the search can be narrowed. I recommend using Martindale Hubble. Martindale is primarily used by attorneys to locate other attorneys for referrals or to assess opposing counsel; however, the public can search for attorneys by location and practice area. In addition, Martindale employs a peer rating system to give the user a general idea of the quality of the attorney. When you have identified an attorney, for example, to set up the sign language interpreter’s LLC, then call and ask for an initial conference or telephone interview. Most attorneys will sit down with prospective clients for a half hour or so without charge.

TIP #2:  Win-loss Records Don’t Apply

In speaking with the attorney, you should get an idea of their expertise by asking the right questions. Do not ask ‘what is your win-loss record’ because there is no such thing. The fact is that 99 percent of all cases are resolved without a trial whether it by way of an agreed upon settlement or a guilty plea in the criminal context. A guilty plea is always a win for the government, but it also may represent a very good outcome for the defendant. A civil settlement is an agreement by the parties to forego litigation in return for each giving up something and each getting something they want. In the end, no one ‘won’ yet the result may be completely satisfactory to both sides.

The Right Questions

Ask the attorney, Have you set up LLCs in the past? How many? When was the last time? Have you ever set up an LLC for an individual service provider? What other types of companies have you set up? Have you ever taken continuing legal education courses in establishing LLCs? Have you assisted small businesses in navigating the state licensing and regulatory arenas? If your attorney has only set up one or two LLCs and it has been a number of years since then, it might not be the best fit. The law changes regularly and it is important to maintain current awareness of the changes. If the attorney’s awareness is not current, again it might not be the best fit.

TIP #3:  Don’t Expect Your Lawyer to be Your CPA

Sign language interpreters, as small business owners, need competent tax advice. There are taxation implications in most areas of the law such as opening a business, writing a will, and getting divorced. Most general practitioners can give general advice on the tax code for those areas in which they specialize. However, for more in depth treatment, the wise sign language interpreter should seek advice from a specialist in taxation.

TIP #4:  If You Want a Pit Bull, go to the SPCA

If you are being sued, say for violating the provisions of a non-compete clause in a state where those are valid, you need a litigator. Many clients think that an aggressive lawyer is a competent lawyer: nothing could be further from the truth. Litigators who fight, delay and who ‘papers the other side’ with motions are simply running up your bill.

After nearly 20 years litigating, I can confidently state that an aggressive lawyer is simply an expensive lawyer.

A good litigator is a good communicator, one who can develop a rapport not only with the client but also with opposing counsel in order to facilitate a reasonable resolution to the issue. Trust and a good rapport with the client is critical so that the client understands the reason why costly legal research and motions practice needs to be undertaken and when it needs to be taken.

TIP #5:  The Attorney Client Relationship Should be Like a Good Marriage

The attorney client relationship should be built on trust not fear or resentment. The sign language interpreter should interview enough lawyers and select someone who also fits their personality type. For sign language interpreters, the relationship typically will be ongoing (assuming you do not get sued often) and it will be based on specific transactions such as setting up the initial corporate structure, reviewing contracts, negotiating terms in your behalf, and possibly assisting with licensing and regulatory issues. In sum, the sign language interpreter should enter the relationship knowing why an attorney is necessary, knowing the questions to ask to determine if the attorney is a good fit, and knowing the specific practice and geographical areas in which the attorney is competent.

Remember…

When interviewing to identify the attorney that will serve you best, remember one size doesn’t fit all. Engage specific attorneys for specific situations. Ask the right questions. Attorneys aren’t CPA’s, unless they are. An aggressive lawyer is an expensive lawyer. Trust and rapport building skills are core competencies you need. Always make sure you and your attorney are a good fit.

 

As always, this post is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Access to this post does not create an attorney-client relationship between the author and the user or browser.

Posted on

How Practicing Sign Language Interpreters Protect Against Legal Liability

Sign Language Interpreters: Protecting Against Legal Liability

In order to protect their livelihood, sign language interpreters must consider the risks and costs of doing business in a practice profession. Carla Mathers addresses some commonly expressed concerns and considerations to explore.

As we have seen from the discussion of whether sign language interpreters are complicit in the statutory bargain with the devil, interpreters are in a practice profession in which trust, reliability and heart are important attributes. While these characteristics might seem at odds with the concept of running an interpreting practice, there are a number of important considerations for sign language interpreters to weigh when thinking about how best to protect themselves as practitioners. While each state varies in their regulatory environment for small businesses, and this post does not purport to offer legal advice, several general questions should be thought through in establishing and running a practice.

What Risks do I Face?

All businesses face risk of one type or another. Simply stated, risk is the probability of an event happening and an understanding of the event’s consequences. The insurance industry exists to help people minimize the effect of the unforeseen event. There are different types of insurance which should be considered by sign language interpreters. Other than the obvious, health insurance, sign language interpreters most often question whether they need professional indemnity insurance. An interpreter can be sued for malpractice if they undertake an assignment and do not follow the standard of care in performing that assignment. If this breach of the standard of care causes damages to any of the parties, the interpreter can be liable. Professional indemnity insurance covers you in case a judgment is awarded against you.

However, a judgment is not the only risk involved in a professional liability claim. An interpreter should ensure that their legal expenses are covered and this is typically a different policy which covers the litigation costs when either initiating a suit or defending a suit. These are the costs that can truly be devastating to any small business.

Further, it is important to think about what would happen to you and your practice if there were an interruption of your business because of a catastrophic illness or national disaster. Various types of insurance are available such as income protection insurance in the event of illness and business interruption insurance in the case of a disaster which prohibits you from doing business and the resulting loss of income.

Mandatory Reporter

Finally, sign language interpreters working in any setting around children need to know whether they are considered mandatory reporters under the state in which they are working. While all states have laws regarding mandatory reporting, according to the Federal Administration for Families and Children, “[a]pproximately 48 States, the District of Columbia, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands designate professions whose members are mandated by law to report child maltreatment. Individuals designated as mandatory reporters typically have frequent contact with children.” While sign language interpreters might think this only applies to educational interpreters, some states require reporting from mental health professionals, law enforcement, court appointed special advocates, members of the clergy and domestic violence workers. New Jersey and Wyoming require all persons to report suspected neglect and abuse regardless of profession. Because sign language interpreters, at times, have a somewhat rigid view of their confidentiality mandate, a review of the relevant legal authority in the state in which one works is strongly suggested. A state by state statutory chart is available here and would be a good place to find the statutes applicable in your state(s) of practice.

Do I Need to Incorporate?

The most common forms of business are the sole proprietorship, partnership, corporation, and S corporation and the Limited Liability Company.

Sole Proprietorship

Most sign language interpreters probably function as a sole proprietorship. A sole proprietor is someone who owns an unincorporated business by himself or herself. This form of business organization has many advantages. It is the simplest form of organization because there are no set up costs, no complicated bookkeeping and no separate tax return to be filed for the proprietorship. The income is attributed to the individual and the business expenses are tallied on the individual’s tax return. The dangers of a sole proprietorship derive primarily from the liability of the owner for any of the proprietorship’s debts, including legal judgments.

Limited Liability Company

Another option is the Limited Liability Company, (“LLC”). An LLC is the least complicated and has several advantages. According to the IRS, “A Limited Liability Company is a business structure allowed by state statute. LLCs are popular because, similar to a corporation, owners have limited personal liability for the debts and actions of the LLC. Other features of LLCs are more like a partnership, providing management flexibility and the benefit of pass-through taxation.”

Hence, the LLC’s income is passed through to the individual owner and taxes are paid in the normal course as an individual. The major advantage to the LLC is that liability for the corporate debts, including legal judgments, is limited. The federal government does not recognize an LLC as a classification for federal tax purposes. An LLC business entity must file a corporation, partnership or sole proprietorship tax return.

Corporations

The S and C corporations are more complicated and involve significantly more paperwork and accounting requirements. There may also be state imposed fees annually to maintain the corporation in good standing. Separate tax returns are filed for the corporations and employment taxes must be paid for employees of the corporation. The major advantage is that the owner is not liable for the debts of the corporation, though the downside is that there is double taxation: the corporation must pay taxes on its earnings, and the owner pays taxes on his or her wages.

Again, according to the experts at the IRS, “S corporations are corporations that elect to pass corporate income, losses, deductions and credit through to their shareholders for federal tax purposes. Shareholders of S corporations report the flow-through of income and losses on their personal tax returns and are assessed tax at their individual income tax rates. This allows S corporations to avoid double taxation on the corporate income. S corporations are responsible for tax on certain built-in gains and passive income.”

Traditional corporations are called C corporations. The IRS explains, “[i]n forming a corporation, prospective shareholders exchange money, property, or both, for the corporation’s capital stock. A corporation generally takes the same deductions as a sole proprietorship to figure its taxable income. A corporation can also take special deductions. For federal income tax purposes, a C corporation is recognized as a separate taxpaying entity. A corporation conducts business, realizes net income or loss, pays taxes and distributes profits to shareholders. The profit of a corporation is taxed to the corporation when earned, and then is taxed to the shareholders when distributed as dividends. This creates a double tax. The corporation does not get a tax deduction when it distributes dividends to shareholders. Shareholders cannot deduct any loss of the corporation.”

Employer Identification Number

One of the corporate actions that is beneficial to sign language interpreters, even to sole practitioners, is to obtain a Federal Employer Identification Number (“FEIN”) which can be used on tax returns, contracts, responses to requests for proposals and invoices and which protects the interpreter from having to supply a social security number on these items. A FEIN can be obtained from the IRS website.

Speaking of taxes, as private practitioner, the interpreter should file estimated taxes quarterly on the 15th of January, April, June and September annually. If you are not well schooled in tax preparation, it is a good idea to retain a CPA to assist you in ensuring that your taxes are filed properly.

What Else Should I know?

It is helpful to make sure you obtain contracts for interpreting services in writing. Among other things, those contracts should indicate that you are an independent contractor and not an employee of the hiring entity. Contracts should list your terms or conditions of working, and be tailored to each client and each assignment. Contracts should be read carefully and if particularly complex, the interpreter should consider retaining legal counsel to review and to advise on the documents. Speaking of documents, you should maintain organized business files and keep your records at least seven (7) years.

In some states, you must register to do business if you offer services in the state. In others, sign language interpreters are regulated by a state entity and more defined licensing as an interpreter is required. If you are in a state with a commission, you should consult with its staff on your licensing and registration requirements. In other states, you should contact the executive branch agency responsible for licensing and regulations to determine whether you need a business license or whether you need to register your trade name if you are using a fictitious business name.

There are several good books out there for organizing and running an interpreting practice. I would recommend Tammera J. Richards’ book, Establishing a Freelance Interpretation Business: Professional Guidance for Sign Language Interpreters, currently in its 3rd edition. More information can be obtained at her website.

 

This post is for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem.  Access to this post does not create an attorney-client relationship between the author and the user or browser.