LANGUAGE BARRIERS AND CONNECTING WITH CLIENTS
Even under the best of circumstances, there is a constant struggle for personal injury attorneys to help forge a connection between our clients, their stories, and a judge, jury, arbitrator, or other party involved in their case.
GIVING ACCESS TO JUSTICE TO PEOPLE WHO CAN’T AFFORD IT
For me, part of what makes this career rewarding is providing access to justice and access to the courts to people who might not otherwise have it. This includes people who cannot afford an attorney, people who might be unfamiliar with the legal system, and people who do not speak English as a primary language, to name a few.
However, I have some concerns that, even with access through an attorney, the systems are still not set up to serve those people.
OUR FIRM REPRESENTS A VARIETY OF LANGUAGES
Our office represents many non-English-speakers and people who speak another language as their primary language. Sometimes we use friends and family members to interpret.
WE USE INTERPRETERS TO HELP WITH OUR COMMUNICATING
Other times, like in more formal court, discovery, or arbitration settings, we might engage the services of an interpreter. A good interpreter can make a difficult process a lot smoother. Here are some benefits of hiring a professional interpreter;
- Comprehend Case: With the help of an interpreter, we are able to help our clients fully understand the terms of the case.
- Ask Questions: Our clients are able to feel comfortable asking questions and we feel more comfortable answering them.
- Express Concerns & Feelings Clearly: The clients are able to express their concerns and their feelings with us with the help of their interpreter.
INTERPRETERS AREN’T PERFECT, HOWEVER
Even the best interpreters cannot help forge the human connection that comes with individuals communicating directly with one another.
The lack of human connection used by an interpreter is apparent in a deposition, for example. As we have covered in previous posts, a deposition is an important piece of a personal injury case. It allows the defense to learn information about the injured person and the claim. It also allows the Defense to see what type of witness the injured person might make, assessing credibility and how persuasive or well the injured person might present.
Witness presentation is also a little bit harder when there is a need to have an interpreter. It is more difficult to gauge when it is filtered through an interpreter. How can a defense attorney, arbitrator, or a jury connect with a person when they cannot communicate?
WE ARE CONSTANTLY TRYING TO EVOLVE
There is not a perfect answer, but courts, state bar associations, and the culture are gradually shifting towards a better understanding of how we can connect on a human level when parts of our brain want to try and resist it. It’s a long road ahead, but it’s very satisfying when those variables come together in a way that allows our clients to be understood.
About the Author
William K. Thayer
Bill Thayer is one of the founding partners of the Schauermann Thayer Jacobs Staples & Edwards law firm. Bill is licensed in both Oregon and Washington, and actively practiced law from 1980 to 2021. He is now "of counsel" with Schauermann Thayer and serves as an arbitrator when appointed by the courts or litigants. During his more than 40 years of active law practice, Bill advised and represented clients in personal injury and wrongful death claims and litigation, including automobile collision, motorcycle, bicycle, and pedestrian injury and death cases, dog bite cases, construction site injury claims, and a myriad of other types of injury and death claims. While many claims were settled through negotiation or mediation, Mr. Thayer litigated, arbitrated and/or tried to verdict many cases for his clients. He continues to occasionally be appointed by courts and other lawyers to serve as an arbitrator of tort claims. Bill enjoys writing as one of his varied recreational interests when he is not working.