Court Finds Attorney Failed to Ensure Punjabi-Speaking Client Understood Attorney-Client Representation Agreement

There’s a growing need for having English-language legal representation agreements translated to languages spoken by the attorneys’ foreign clients to ensuring that foreign clients understand the scope and fees associated with an attorney-client relationship. In Schneider v. Jagar, the plaintiff filed suit seeking to recoup unpaid legal fees from a former Punjabi-speaking client who had filed for bankruptcy. As discussed below, the court did not look favorably upon the fact that the attorney did not have the representation agreement translated to his client’s native language, Punjabi, and denied the attorney’s appeal.

Background

A key issue was the defendant’s inability to understand English. The defendant’s native language was Punjabi, and the defendant could not speak or read English. The defendant had never worked outside of the home and was not well-educated. The defendant married her husband in India, and they later moved to the United States.

Unfortunately, the defendant’s husband died shortly before the defendant gave birth to the couple’s daughter. Although the defendant’s husband had assets and a significant 401(k) plan with his employer, the husband’s children from a previous marriage challenged the validity of the defendant’s marriage to their father and disputed the defendant’s entitlement to the estate’s assets.

The plaintiff, who was the Punjabi-speaking defendant’s former attorney, represented the defendant in the probate proceeding for the defendant’s late husband for a period of five years.

Plaintiff’s Representation Agreements With Punjabi-Speaking Defendant

As with most attorney-client relationships, the parties entered into a Representation Agreement (“Agreement.”) The defendant signed three separate agreements during the course of their attorney-client relationship, all of which were written in English.

According to the first agreement, signed in 2005, the defendant agreed to pay the plaintiff his hourly billing rate of $300 per hour if she was not appointed the personal representative of her husband’s estate. The plaintiff admitted that he never discussed the details of this agreement with the defendant and did not know whether or not she understood the terms of the agreement.

The defendant also signed another Representation agreement in 2007 in regards to the probate matter proceeding to trial on the issue of the legitimacy of her marriage. At this time, the defendant stood to receive about $600,000 from her husband’s estate and the defendant agreed to pay the plaintiff 7.5% of whatever she received from the estate. The plaintiff noted in the Representation agreement his understanding that someone would translate it for the defendant given her limited English, and the Punjabi-speaking defendant signed the agreement indicating that her brother had translated the document to her. The plaintiff, however, did not discuss any of the terms with the defendant himself or take action to ensure her understanding of the agreement.

The defendant signed yet another representation agreement in 2009 in regards to the filing of a lawsuit against the defendant’s late husband’s 401k plan in order to compel the plan to turn over the proceeds to the defendant. Although the plaintiff did not request that anyone translate the agreement to her, the defendant signed the agreement. The plaintiff testified that he assumed that the defendant’s brother would translate this agreement from English to Punjabi like he did the last one.

Attorney Files Suit for Unpaid Fees.

After years of litigation, the defendant eventually recovered $450,000 of her husband’s 401K plan and approximately $600,000 from her husband’s estate. Although the plaintiff purportedly received some compensation from the defendant, he filed a lawsuit in state court for the remainder of the unpaid fees.

Punjabi-Speaking Defendant Files for Bankruptcy.

While the lawsuit was in the discovery phase, the defendant filed for bankruptcy. The plaintiff was the only creditor listed on the defendant’s bankruptcy schedule. The defendant also included a counterclaim against her former attorney for “overpayment” of fees to handle the probate matter.

The plaintiff promptly filed a complaint against the defendant objecting to her attempt to have her debt for unpaid legal fees discharged.  The plaintiff claimed that the Punjabi-speaking defendant’s debt for his legal services should be excepted from discharge because the defendant never actually intended to pay the hourly component of his fees.

Trial on Plaintiff’s Creditor Complaint.

At the trial on the plaintiff’s complaint in the bankruptcy proceeding, the defendant testified through a Punjabi interpreter that her brother knew very little English and could only read a “little bit” of English. The defendant also testified that her understanding of the 2007 Representation Agreement was that she was obligated to pay the plaintiff 7.5% of what she recovered from the estate, but not the hourly rate as well. According to the defendant, the plaintiff was entitled to receive $45,000, but instead kept $200,000.

Bankruptcy Court Rules in Punjabi-Speaking Defendant’s Favor.

After trial and hearing additional arguments, the bankruptcy court issued a memorandum opinion in the Punjabi-speaking defendant’s favor. The court held that the plaintiff had failed to provide any information as to how he arrived at the amount of alleged unpaid legal fees. The court also found that the plaintiff had not met his burden of proof on any of his claims against the defendant. Specifically, the lower court held in part as follows: “…[g]iven the defendant’s lack of education and illiteracy in English, and the insufficient evidence regarding the strength of her brother’s command of the English language, [plaintiff] has not demonstrated that [defendant] fully understood the terms of the…Representation Agreements…,.”

9th Circuit Bankruptcy Appellate Panel Affirms Decision

After losing in the lower court, the plaintiff appealed to the appellate panel for the 9th Circuit Court of Appeals. The court ultimately held that the bankruptcy court did not err when it granted the defendant’s motion for discharge of the creditor’s claims and denied the plaintiff’s claims. The court took a number of factors into consideration when making its decision. For example, the court held that it was not persuaded that the defendant’s brother competently translated the Representation Agreement from English to Punjabi to the defendant. The appellate court agreed with the bankruptcy court’s analysis that the plaintiff had not demonstrated by a preponderance of the evidence that the agreement had been fully translated from English to Punjabi to the defendant.

The appellate court held that “[a]s an attorney, it would have been better practice for [plaintiff] to ensure that his client understood how he was to be compensated.” The appellate court also took issue with the fact that the plaintiff failed to provide the bankruptcy court with the exact amount of damages he was seeking as well as the method by which he arrived at those calculations, and failed to provide any examples of the defendant’s allegedly false oaths to the bankruptcy court.

Multilingual Translation of Legal Representation Agreements from English to Any Language

As is evident from the case above, it is essential that attorneys ensure their foreign-born clients fully understand any and all attorney-client representation agreementsattorney fee agreements, and take steps to have any agreements translated into their client’s native language to prevent any uncertainty down the road. All Language Alliance, Inc. is able to assist attorneys with translating their legal representation agreements from English to Simplified Chinese, Russian, German, French, Traditional Chinese, Spanish, Scandinavian languages, and other foreign languages.

The case is Eugene Schneider v. Satya Devi Jagar, Bap. No. NC-15-1251-BSKu, decided on April 12, 2017 in the United States Bankruptcy Court Appellate Panel of the Ninth Circuit.

***This legal document translation blog post should not be construed as legal advice. You should always consult an attorney regarding your specific legal needs.***

7 Localization And Internationalization Best Practices & Tips for Software, Apps And Games

Software, application and game developers often make a serious mistake when they approach localization by assuming it can be handled once the coding is done in native language.

In fact, you need to consider localization from the very moment you start designing your application – that’s internationalization. It’s not a one-man process either. You will need localization experts on board early on.

Here are a few localization good practices & tips I would like to share with you. I hope they will be helpful for your next software, application or game. If you wish to go further and ensure the success of your localization project, feel free to get in touch anytime so that we can get things started. You may also want to check my post with tips to reduce localization costs.

Localization Best Practices

1. First of all, internationalize your software. Your source code should be written in a way that your software can be localized without touching a single portion of code. To achieve this, place all the content (text strings, images, sound files), including those in the application’s original language in separate files and folders, which can then be translated appropriately by linguists in a different software. In your code, pick up the translated depending on the language selected and a string ID (which can be the original string itself). XML works great for this, but there are plenty of options available. Also, try to keep a clear structure for your localizable resources. You can have separate folders for images and sounds that will require localization.

2. Translated strings can occupy a much larger screen space than their original counterparts. A Japanese string translated into German can easily get 2 or 3 times longer than the original. Design your applications with sufficient space to accommodate long strings, especially if you are working on small screens (smartphone, handheld game devices, etc.). Plan your software as if it was going to be localized in every language on Earth, and use the worst case scenario as a reference.

3. Be wary of local standards and cultural differences. Imperial versus metric system is an obvious one if you are manipulating units, but there are local differences you may not even suspect. For example, weeks start on Mondays in some countries, and Sunday in others. This is why you need to have local experts on board as early as possible: only them will be able to let you know about these specifics. If you realize too late that a code portion needs to act differently depending on the location, or that visual elements should be replaced altogether, it can be extremely painful to go back and make the appropriate edits. The sooner you are aware of local norms, the better.

Have your app/game tested by native users from the target markets before going any further. Never assume you know everything about each and every culture. Ask locals to test your product and report anything that could be considered inappropriate.

4. Be careful when you are trying to put localized strings together. Let’s suppose you have an error message in your software that says “The job cannot be added because there is no job with ID x”. If you have many error messages starting with “The job cannot be added because” and many ending with “there is no job with ID x”, it can be tempting to ask the localization team to translate these two strings separately only once and then put them together when needed. It would work in English and (most?) Romanic languages, but not in Japanese for example, no matter how you put the two parts together.

Having the above in mind, you have to make sure translators can put words in any order they want, and, as much as possible restrict substitution to a single word or number. While avoiding redundancies is a good practice, it can be a tricky one when it comes to localization.

5. Provide as much context as possible. To avoid confusion, comment your text strings to ensure the translators will understand where and how they will be used. Make it clear that variables are part of the string and shouldn’t be altered. Also, explain what they will be replaced with, even if it seems obvious to you. If some bits mustn’t be altered, make a note of it, especially if they otherwise look like plain text. When possible, provide your translators with screenshots, videos or, even better, the actual product.

6. Make sure you can easily track source text changes. Nowadays, most software and applications are updated on a regular basis, thus requiring extra translations. Not only will this help you save on costs by not ordering the same strings twice (or more!), but you will also avoid headaches when merging translations. If you are planning to release frequent updates, for example additional content for games, this point can be critical.

7. Pseudo-localization, a little-known step of the localization cycle, will help identify a number of internationalization issues before a single string is translated: hard-coded strings, unsupported characters, potential overflows, and more. You can save yourself a lot of trouble by identifying potential problems early on.

What if you didn’t follow the best practices and your product is already developed?

Internationalizing an existing product can be tricky but not impossible by any means. In some cases automated tools may be of help, in others you’ll have no choice but to rewrite string-related portions of your code. Overall this is more of a per-case approach, and you will probably want to hire a localization consultant to ease the process.

As you can see, getting your localization done right is a process that involves efforts from all parties, from developers to translators, which is precisely why you should start consulting the latter as early as possible. Some of the smaller tips and tricks may not be obvious at first. You can contact me anytime for all your French localization needs! I am familiar with the localization process, whether you are working on software, video games or mobile apps (iOS with Xcode, Android with Android Studio, etc.).

Think you’ve heard it all? Dealing with translators

After having read Catherine’s post on I-would-not-work-with-them-again types of PMs, I thought I could add to the story by sharing from my experience as a PM. The truth is that, after having worked for a few years as a translator and interpreter myself, and having come across all sorts of PMs, when I started my own agency and had to do project management, I already knew what to do and what NOT to do when dealing with translators. After all, they are the heart and soul of my business.

While most of the people I deal with are really nice and reliable, I have come across a few that are less pleasant to work with. As I mentioned in a comment to Catherine’s article, there was this very rude translator who sent a translator’s report full of capital letters and exclamation marks (she was obviously yelling at us), not to mention words that could only be rendered in writing by replacing letters with “*”.

Here are a few more:

  • Inconsistency:

A translation from English into Arabic in which the dates appeared in different formats throughout the document (e.g. 5.12.2000 and 5thDecember 2000). I emailed the translator and she replied (very defensively) that 5.12.2000 would not mean a lot for an Arabic speaker, while 5th December would. Fair enough, I was not challenging that since I don’t speak Arabic, all I was asking for was some consistency.

After complaining that she will skip lunch in order to make the changes (albeit it was quite a short document), she sent it back with all the dates in the format she had said it made no sense for Arabic speakers (!!!)

  • Formatting

I am aware that Word documents are preferred over PDFs. But if that’s what the client sends, that is what we have to work with. I would never expect a translator working from a PDF to come up with the exact formatting, especially if there are drawings/shapes etc. But I would expect to be able to understand which bit is which without knowing the language. Right? Wrong!

A translation from English into French. Started checking. All was going really well, until I reached the last three pages. Seriously, my eyes hurt and my heart jumped. Imagine random bits of text spread out over three pages – a little text here, a little there, bits of text everywhere!

In the original document, that was a table containing some shapes with text. As I said, I would not have expected the translator to spend a lot of time re-creating the exact shapes, but drawing a table and writing the text there in the order the shapes appeared on the text would have been nice. Or inserting comments, or a key… anything but what he had done (he had clearly used OCR, although the instructions on the PO said not to, not to mention he had not checked his work to see the end result).

I sent it back only to be told he will charge extra for doing what he was supposed to do in the first place. I then (as a proper computer geek that I am) recreated the table and drawings and asked him to at least place the text in the correct places. He refused. Luckily I speak French (yes, also a language geek), so I was able to do it for him. He agreed at least to check and said it was perfect!

  • Technicality

We had this translator that half way through the project decided the translation was too technical and could not do it. We had obviously sent her the document beforehand so she could have a look.

  • Questions

Can you ask the client if this is correct? We actually had one translator who emailed us this question. Needless to say the client did not speak the language, that’s why he had wanted a translator in the first place.

  • Comments

We all know that leaving comments helps. But leaving comments in the target language that neither the PM nor the client speaks?

But, as I said, these are exceptions, fortunately. There are plenty of translators and interpreters out there who are nice and a pleasure to work with. Just as there are PMs.

Author 

Alina CincanAlina Cincan

 

Common pitfalls of the untrained terminologist

I recently had to revise a bilingual glossary done by someone who had not training in terminology management. Mind you, her intentions were good, but from 12 pages of terms (and non-terms) I reduced it to less than three pages. So, I think this is a great example to examine some of the pitfalls that untrained terminologists might face. I believe most, if not all, of her errors, come from a lack of knowledge of terminology management principles. The examples I give were taken from the unrevised glossary, and only the English extraction.

  1. Using Word is a no no. If you can’t afford a CAT tool I understand but using Word instead of Excel is not an option these days. Using Excel will allow you to export it to a CAT tool when you can afford one. Excel will also help you identify repeated terms quickly, even if wait until the end to order it alphabetically.
  2. Repeated terms will waste a lot of your precious time. I think I delete at least 50 repeated terms, once I transferred the text in Excel and order it alphabetically. In any case, if you start with a Word file, Word also offer the option to order it alphabetically, but, again, why waste your time?
  3. Terms should be in singular form, unless it’s a plural! This is even confusing to me sometimes. There are terms that are easy to spot, such as “legal fees”. In this case, your term entry must read “legal fee”. Also, take “Regional Development Bank(s)”. Not only should you delete that awful “(s)” but also lowercase the term, because it is referring to all types of regional development banks. Also, is this really a term that would you add to your termbase? “Arrears” on the other hand, should be left as is. That is an easy one!
  4. Don’t capitalize, unless it’s a proper name. The term was “Repos” when it should have been “repo”. A repo (and in singular form) is short for “repurchase agreement” (a type of short-term loan) and it’s widely used in the financial world. I would create one entry for “repurchase agreement” as the preferred term and add “repo” as an admitted term in that same entry, but always check with your expert or client first; they might want to have “repo” as preferred and “repurchase agreement” as admitted.

Taking about repos, the term “trading repos and reverse repos” was left as one. You should separate them as “trading repo” and “reverse repo”, as they refer to two different concepts.

  1. Do not put acronyms after terms. You have to add the acronym as a separate field inside your entry. The term “Long-Term Financial Projections (LTFP)” is not acceptable. Another issue with this glossary was that the person left acronyms as main terms. So always spell it out and put the acronym where it belongs.
  2. Garbage-in, Garbage-out. It is common that, to the unexperienced eye, words and expressions are wrongly considered terms. Take, for example, “reduction in contracting times”. This is not a specialized term, it’s a group of words that you can translate by looking at a regular dictionary. So, always ask yourself this question: “Can I find this in a regular dictionary or, as in this case, a financial dictionary?” If yes, then you don’t need to add it to your termbase.
  3. It is really one term, or two synonyms? The term “release (of a software)” is wrong. You cannot put your term in parenthesis in a term entry. Your term is “release” and you add the domain and a context or definition. The option “release of a software” sounds more like a part of a definition than anything else. What do you think? Trash it or keep it? I thought so!
  4. Two terms into one. The term “remediation and assessment” is actually two terms, so I would put them in two different entries, unless it’s part of a name or title, like “Asset and Liability Management Committee”.
  5. Too much information. The term “access portal for borrowers and executors” should be left as “access portal” and add a note or definition to explain that it is for the exclusive use of such and such. Besides, again, “access portal” is so commonly used these days that I wouldn’t even care to add it.
  6. To be or not to be. The term “backfill vacancies, to” should be “backfill”, then add the POS as “verb” and a definition or context in which “vacancy is used”. But again, if you go to Merriam-Webster, for example, you will find this verb fully explained in a similar context.
  7. The less complicated the better. A similar example to the previous one is the term “Pacific Alliance (The)”. The person might have thought that adding “(The)” was necessary, but if you google it the official name is “Pacific Alliance”, so no need to make things so complicated.
  8. Left to your imagination. I was baffled by the term “Tableau”. The translation into Spanish was left as “Tableau”, but what is it? It turns out is a software for businesses, but if you don’t add more information, you will probably be racking your brain trying it remember what it was. Document your entries!

To sum up, as you can see, this sample of entries tells us that not all that shines is gold. It is true that if you are going to use the termbase just for you, then you are allowed to include anything you want, but the idea behind terminology is reusability. It will save you a lot of time in the long term. And remember, always ask yourself “Can I find this in a dictionary or just by googling it?”.

On Being an “Emerging” Translator

By Noah M. Mintz

There is a lot of conversation around “emerging” translators—and a lot of jokes made about cocoons and metamorphosis. But the fact is that the practice of literary translation is a lonely pursuit, and the mechanisms of the publishing business are often dauntingly obscure to the uninitiated. So though the term may be hard to define and might evoke butterflies as much as it does devotees of international literature, it can be very useful to have systems of support available for us fledglings.

I produced my translation of Patrick Goujon’s novel À l’arrache, excerpted in Two Lines 29, through the American Literary Translators Association’s Emerging Translator Mentorship Program. I had chosen to work on the book after meeting Goujon on my semester abroad in 2014, and had typed up a few sample pages, but had no idea how to get the text from my own laptop into the hands of readers. The legalities of obtaining rights, the intricacies of the submissions process, and my total lack of a C.V. all felt like major obstacles—that on top of the actual work of translating the novel’s rich language, complex structure, and various linguistic registers.

ALTA paired me with a mentor, the translator and professor Emmanuelle Ertel, whose work includes the French edition of Hanya Yanagihara’s A Little Life. In addition to her insightful edits and notes on the level of language, she was also a guide when it came to navigating all of the steps in the process, from inquiring about rights to selecting samples and brainstorming outlets where the book might be a good fit.

Just as revelatory was ALTA’s annual conference. I attended in 2016 as part of the mentorship program, and gave a reading from my project along with the other “mentees.” The community was warm and welcoming beyond anything I’d anticipated. I kept in touch with many of the translators, editors, publishers, and scholars I met there, was glad to reconnect at the following year’s conference, and am always excited to run into them at readings and book fairs.

If I were to give one piece of advice to other “emerging” translators trying to spread their wings, it would be to reach out and find other people who are already doing it. There are also great resources online such as the Emerging Literary Translators Network in America (ELTNA) email listservPEN America’s translator resources page, and Susan Bernofsky’s “Translationista” blog. Find a mentor, if you can. Ask for help. Make friends. Translation, at every level, is hard; it helps to have support.

Read Noah M. Mintz’s first published translation in Two Lines 29—out now!

Beyond “Untouchability”: Dalit Literature in Hindi

Dalit literature has emerged as an integral part of a larger political movement that offers substantive and detailed protest against the entrenched system of untouchability, or the socially institutionalized system of caste-based hierarchy and discrimination, in contemporary India. It traces its modern history to the early 1970s with the foundation of a literary-activist collective called the Dalit Panthers, whose members wrote primarily in Marathi—the language of Maharashtra, the home state of nationalist leader and foundational Dalit activist B. R. Ambedkar. Dalit literature has in recent years become a powerful and influential vehicle for the articulation of the voices of India’s most oppressed classes in a number of languages, Hindi prominent among them.

Dalit writers use fiction, autobiography, and literary criticism to actively rethink constructions of caste, race, religion, and gender, constructions that extend backward in Indian history but that have all been distinctively refigured in the postcolonial political context and that continue to shape day-to-day social and political identities. In the process, they reshape the very literary genres and interpretive procedures used to evaluate those same literary texts. In the past fifteen years, the national language of Hindi has become the site of increasing vibrancy as prominent writers and activists conversant in a number of languages compose their narratives and critical writing in Hindi, in conversation with other Dalit work directly in languages such as Marathi, or through translation, including from and into English.

Kausalya Baisantry, for instance, has written her autobiographical account excerpted here in Hindi even though she grew up speaking a local dialect of Marathi. She announces at the start of Doubly Cursed that she chose to write in Hindi in order to be the first Dalit woman to write her life story in the national language. As the title suggests, her account details the life of a political activist working against the twin injustices of caste-based discrimination and misogynistic patriarchy, a perspective even more insightful given that she came into consciousness in the early years of the social reformer B. R. Ambedkar’s campaign for both Dalit and women’s rights leading up to Independence in 1947. The scene included here offers a humorous glimpse into the new technologies of playback sound made available to Indian citizens in the 1930s both in the cinema hall and at home. In Hindi, Baisantry conveys a knowing but wry ambivalence over her family’s attempts to modernize, an ironic stance translator Christi Merrill decided to signal by italicizing key terms that in the Hindi are transliterated directly from English—“phonograph record,” for example. (Baisantry’s piece also incluldes a number of Hindi terms; these and others from elsewhere in the issue are defined in the glossary that follows this introduction.)

Several of the short stories featured here similarly reflect on the uneven promises of Western-style progress made to the Dalit community in the years following independence. Mohan Das Namishray’s story “Our Village” begins at its tragic and dramatic height when a young Dalit woman is paraded naked through the village center by the son of the local thakur, ostensibly as punishment for her husband’s failure to repay his debt of 500 rupees. In the story that follows, we see members of the Dalit community filing police “reports” and attempting to use the judicial system inherited from the British to petition for their rights against the entrenched feudal code upheld by local authorities. We also watch as a pair of idealistic journalists come from the city to report on this tragedy, dropping in stray phrases in English—again, transliterated into Hindi—to sound sophisticated and upper-class. Likewise, Anita Bharti’s story “The Case of the Quota Candidate” plays on the expectations a group of teachers have of a new colleague, guessing whether she is upper-caste like many of them or a “kotewali” who fulfills a mandate from the federal government reserving a percentage—the English term “quota” becomes “kote” in Hindi—of positions for “backward” castes. Suraj Badtiya’s short story “Gujji” tells of a young man from an untouchable family tagged with an unfortunate, caste-tinged epithet: “Gujji” refers to a traditional recipe for preparing sausages, sold at his family’s pork shop. He decides to throw off this casteist slur by pursuing an MBA and the post of marketing manager at McDonald’s, where the very same terms considered so polluting in traditional society are deemed sophisticated and forward-thinking when rough equivalents are uttered in English.

Certainly English maintains a curious, much debated position in the Indian literary scene more generally given its historical association with British colonial power. As a global lingua franca, it serves as a link language both within India and internationally, and in the case of Dalit literature has occasioned transnational conversations both within elite circles in India and abroad about work written originally in vernaculars like Hindi, Marathi, or Tamil. The prominent Indian travel writer and literary reviewer Pankaj Mishra lists Laura Brueck’s English translation of Ajay Navaria’s short story collection, Unclaimed Terrain (Navayana, 2013), among the “best books” of 2013 in The Guardian (November 23, 2013) for the way it hints “at the as-yet unrevealed depth and diversity of Indian literatures,” his review giving the English-language version a wider audience than it enjoyed in Hindi.

In this special issue we have included the recently published, semi-autobiographical story “Fragmentation” that Ajay Navaria based on his first trip out of India—to Greece—which itself was occasioned by the international circulation of this translated short story collection. “Fragmentation” is exemplary of the existential unease of Navaria’s protagonists that runs throughout almost all of his fiction, and also presents important perspectives on the Dalit author, translated in a world beyond caste, but not, as he discovers, beyond other forms of hierarchical ordering. This self-reflexivity is very much in conversation with other works of Dalit literature becoming increasingly popular in the West, including those mentioned by Mishra in a recent review in the New York Review of Books (December 21, 2017) of Sujata Gidla’s Ants Among Elephants (Farrar, Straus and Giroux, 2017):

The range and intricacy of Dalit experience can be grasped by English-language readers through the works of scholars and critics such as Anand Teltumbde, Gopal Guru, and D. R. Nagaraj. Daya Pawar’s pioneering autobiography Baluta, which describes caste violence in Mumbai in the 1940s and 1950s, appeared in a fine English translation in 2015. Omprakash Valmiki’s Joothan and Vasant Moon’s Growing Up Untouchable in India: A Dalit Autobiography are eye-opening memoirs of impoverished Dalit childhoods in the mid-twentieth century, while Ajay Navaria’s stories in Unclaimed Terrain turn an ironic gaze on the recent emergence of a Dalit middle class through affirmative action and economic liberalization.

The further irony is that Navaria’s Unclaimed Terrain, like Valmiki’s Joothan, and all the work in this special issue are themselves translated by scholars invigorated by the daring literary experimentation and anti-caste critiques. In her translator’s preface to Joothan, the University of Toronto English professor Arun Mukherjee writes movingly of the ways Valmiki’s account made her rethink her own upper-caste privilege and also forced her to reconsider the colonizer/colonized binaries that reigned in the field of postcolonial studies.

Dalit activists too understand the importance of translation in providing an opportunity for their work to circulate more widely. In forming an alliance with English-language readers, Dalit writers are able to call into question some of the dubious moral stances guarded by the indigenous elite in the name of preserving tradition. This strategy follows in the footsteps of   Ambedkar who, in the decades leading up to independence in 1947, began writing appeals aimed specifically to foreign readers, in such a way that called into question the elitism of the Congress Party, especially its claim to speak for all Indian subjects in demanding independence from British rule. In “A Plea to a Foreigner,” Ambedkar argued explicitly that “what the foreigner who chooses to side with the Congress should ask is not whether the Congress is fighting for freedom. He should ask: For whose freedom is the Congress fighting?” All the Dalit writers featured here follow in this Ambedkarite tradition and use their writing as a tool for reflecting openly on how crucial terms such as “rights” and “freedom” might translate into daily action. Like the work of English-language critics listed by Mishra, this approach situates these literary translations in a broader activist context that all the writers featured here engage in.

We draw from an exciting and extensive list of important works, and have generally focused on pieces written in Hindi that supplement what is already available in English translation. We have purposely chosen work that represents a range of political perspectives and genres, from writers who themselves are known for their range. Among the work that Mohan Das Namishray is known for is a four-volume history written in Hindi on the Indian Dalit Movement (Radhakrishna, 2013). Kausalya Baisantry is one of the activists interviewed by Urmila Pawar and Meenakshi Moon in their history of the Ambedkarite movement focusing on women, published first in Marathi (Stree Uchav, 1989) and in Wandana Sonalkar’s English translation as We Also Made History (Zubaan, 2008).

Dalit literature represents some of the most meaningful, socially engaged narrative voices in India today, and its international appeal is growing as well. Each of these writers has a keenness of vision we are excited to share with this English-speaking readership.

 

Glossary for the Issue

Note on italicization: We use Gayatri Chakravorty Spivak’s strategy of italicization for words that appear in English in the original texts to show the long-standing imbrication of the colonial language of English and Bengali. In the stories in the issue, this approach also shows how these colonial instruments of power are used by the local indigenous elite.

Arey: An expression of mild disbelief: “Seriously!” or “Come on!”

Ashtami: A Sanskrit term for the eighth day of the lunar fortnight, which is considered auspicious in Brahmanic Hinduism.

Basti: A settlement; often tightly-packed areas where the poor and disenfranchised live.

Bhaiya: Brother, a common term of friendly address.

Bhajans: HIndu spiritual songs.

Brahmins: Those who rank highest in the caste system (according to the Brahmins themselves).

Dalit: Once an insulting term literally meaning ground down into dust, “Dalit” has been reclaimed by the lowest castes as an empowering alternative to “untouchable.” We have left it lowercase when it is used as a description by a non-Dalit, and uppercase when used by a speaker self-referentially.

Darshan: Sight, most often used in a ritual sense of taking in the vision of a deity (and conversely, the deity taking in the vision of the devotee).

DhedhChamar: Leather-worker caste names. The invocation of these terms reveals much about the ongoing idiom of untouchability. Because working with dead animals is considered polluting, anyone in the leather-working caste is c.onsidered polluted.

Dhol and mridanga: Double-sided drums played by musicians in “folk” traditions, and sometimes also by those with classical training in one or more traditions.

Harijan bai: Gandhi suggested that all untouchables be called Harijan—literally, people of Lord Hari and therefore God—but B. R. Ambedkar and his followers rejected the term for sounding decidedly patronizing. “Bai” is often a respectful term in Marathi and Rajasthani used when referring to a woman, but is sometimes added to a title to clarify that a person is female.

Haveli: Often referred to as a “mansion” since it is built of solid materials such as stone and is home to the most elite family or families in the village. Because it is usually a multi-room, imposing structure that houses multiple generations, the women segregate themselves in the inner sanctum while the men occupy the outer rooms where they entertain visitors and conduct business.

Kambakht: A mild curse word usually used as an adjective, for someone deemed unfortunate or wretched.

Kardhi with seviyan: Kardhi is usually made from a heated yogurt sauce with spices and thickened with chickpea flour; seviyan are noodles, also made from chickpea flour.

Khadi: Homespun cotton fabric, popularized by Gandhi as a symbol of nationalism in the late colonial period.

Lathi: Literally a bamboo cane used to drive oxen and punish enemies, but symbolically considered a sign of power. Used in English-language newspapers in India.

Ovi: Metrical Marathi poetry traditionally sung by women.

Panchayat: Traditional village council consisting of five voting members.

Puja, Naagpuja: Common term for Hindu worshippers venerating a deity, in this case the divine form of the cobra.

Sadhu: A Hindu holy man who takes a vow of asceticism and renounces worldly concerns.

Sala: Standard Hindi for a sister’s husband, and so by implication a person who sleeps with one’s sister. Used quite commonly as a form of abuse. The variation Salo is even more colloquial.

Samadhi: The place where a corpse is cremated or buried; also, the state of passing into the next realm

Sasur: A respectful term of address for a father in law, that can also used as a form of abuse for an old man. In this case, the variation Sasuro is even more colloquial and disrespectful.

Savarna: With caste, i.e., the opposite of “outcaste” or untouchable.

Thakur: Both a title and a caste name; refers to the lord of the village. Sometimes considered a petty king.

© 2018 by Laura Brueck and Christi A. Merrill. All rights reserved.

We Can All Be Polyglots

A friend in Paris has sent me a recent article from an unexpected source, The New Yorker. It’s by one of their well-known staff writers Judith Thurman and its title is The mystery of people who speak dozens of languages. In what follows I will try to dispel some of the mystery.

Pruned of its New Yorker chattiness, the first part of the article gives interesting information about famous polyglots in the past:

*  According to Pliny the Elder, the Greco-Persian king Mithridates VI, who ruled twenty-two nations in the first century B.C., administered their laws in as many languages, and could harangue in each of them.
*  Plutarch claimed that Cleopatra very seldom had need of an interpreter, and was the only monarch of her Greek dynasty fluent in Egyptian.
*  Elizabeth I also allegedly mastered the tongues of her realm—Welsh, Cornish, Scottish, and Irish, plus six others [including the language of her enemy, Spanish].
*  The prowess of Giuseppe Mezzofanti (1774-1849) is more astounding and better documented. Mezzofanti, an Italian cardinal, was fluent in at least thirty languages and studied another forty-two, including, he claimed, Algonquin. In the decades that he lived in Rome, as the chief custodian of the Vatican Library, notables from around the world dropped by to interrogate him in their mother tongues, and he flitted as nimbly among them as a bee in a rose garden.
*  Thurman misses out the 18th-century English orientalist and translator Sir William Jones, who was reputed to know 26 languages.

Those were champions, so-called hyperglots. Their achievement was the fruit of many years of learning. But scarcely less remarkable is the achievement by the little girl Bella Devyatkina who was described last month on this blog and who could converse in seven languages at the age of four. Yet the underlying reason why all of them could do what they did is the same. It’s that human psychology and the physical human brain are built from infancy, perhaps from birth, for multilingualism (bilingualism being a special case of multilingualism and not the other way round.)  Bella’s mother insists that her daughter, for all her precocity, is not a genius. It’s just that she has been put in situations and relationships where she responds to the motivation of receiving a present from speakers of other languages.

Scientists and philosophers agree that language is one of the marvels of human evolution, No other animals have anything comparable. To it has been added another evolutionary marvel: the ability to learn multiple languages. The examples quoted above suggest that in principle there is no limit to their number. Yes, there are practical limits; the time we can devote to learning them and the length of our lives for instance, and the amount of contact we have with other-language speakers . And there are also psychological constraints, in particular motivation, without which we may be unwilling to work at it. But not the structure of our minds.

There are different degrees of multilingualism, which makes it difficult to compare polyglots. Full multilingualism requires much more than knowing the grammars and vocabularies of the languages. The functioning multilingual can do the following:

a)  Keep the languages separate. Actually very young bilinguals are prone to mixing their languages in the same sentence or utterance, a phenomenon linguists call code switching. Typically this weakness disappears around age three, but vestiges of it remain throughout life. We multilinguals are all used to occurrences of leakage or interference between our languages; for instance the common phenomenon of false friends. However, they dwindle to a frequency where they don’t hamper communication.
Just how the separation is maintained is a matter of disagreement. Some psycholinguists believe we keep our languages in separate drawers, as it were, and take them out and activate them as we need them. Others think that on the contrary they are all present in our working minds but we suppress the ones we don’t need at the moment.
b)  Switch between the languages. This may be done at will and almost instantaneously; or the switch may be triggered automatically by a stimulus, for instance when answering a question in the language in which it is asked.
c)  Use the languages appropriately to express the thoughts we want to convey or to understand what others are telling us. It may be, however, that we aren’t equally competent at this in all our languages; it depends very much on the experience we’ve had in using them.
d)  Use the languages in ways that are appropriate for the speaker/writer and for the addressee. For more about it and the weakness of machine translation in this respect, enter pragmatics in the Search box on the right.

There are several ways in which we can learn languages. For example, “Mezzofanti, the son of a carpenter, picked up Latin by standing outside a seminary, listening to the boys recite their conjugations.” I learnt my mother language, English, unconsciously and effortlessly from birth as I’m sure you did; three languages (French, German, Latin) in compulsory formal courses at school from age 11; one (Arabic) in formal university courses from age 18 because I was interested in it and thought it would help me get a job; and two others later (Spanish and Valencian) without ever taking a course in them but from elementary teach-yourself books and everyday conversation with native speakers with whom I was working. Apart from English, age had little to do with it. If I went to live in another country, even at my advanced age, I wouldn’t hesitate to learn its language. Of course, as with any natural skill, there is a pathology: a minority of people may have learning problems, and language learning becomes more difficult, requires more conscious effort, once the stage of early plasticity is passed.  It has seemed to me, though, that most of my English and Canadian compatriots who say they can’t learn a foreign language are like people who don’t learn to swim because they’re afraid of the water.

Sources
Judith Thurman. The mystery of people who speak dozens of languages. The New Yorker, 3 September 2018. My thanks to Philippe Lambert for sending it.

William Jones (philologist). Wikipedia, 2018.

Image
Cardinal Guseppe Mezzofanti.

TermsCafé by Translators Café

I am sure many of you have heard about TranslatorsCafé and possibly TermCafé. I personally have not used this platform, but it came up while reading an article on a translation magazine of recent publication, so I guess it might be helpful to some people. Have you used it? Let me know what you think. In the meantime, I am copying below a short description. It seems that members are allowed to create their own glossaries online.

“TermsCafé is a powerful and user-friendly terminology data management tool by TranslatorsCafe.com that is designed for use by translators for managing multilingual terminological data. Now, you will have 77,420 entries in 158 dictionaries in 61 languages created by 365 authors at your fingertips. The tool is intended for online creation, distribution and management of your terminology data. All data is stored on the TermsCafe.com server. You can export data for storage on your local computer or import it from several formats into your dictionaries created on TermsCafe.com.”

Being this a terminology blog, I thought I would add it as part of my cloud tag Toolbox 

Happy searching

The Effects of Cultural Differences on Global Business

by – SEPTEMBER, 26 2018

More businesses are entering the global market. It is vital for businesses to understand that cultural differences can affect how they perform in the local markets they are targeting. One of the first things to consider is communication because bridging the language gap is extremely important in business talks.

Cross-cultural challenges

As you learn more about cultural differences, you will encounter several more concepts, such as low-context and high-context cultures. In low-context cultures like the United Kingdom, the United States and Canada, communication is explicit and clear while in a high-context culture like Russia, communication is nuanced and implicit and there is more shared content. However, the opposite happens when negative feedback is to be given. Russia becomes direct, while low-context cultures tend to be indirect when negative feedback is called for.

Building trust is another challenge for businesses. The concept may be relationship-based or task-based. When doing business in China, for example, one of the ways to build good relationships involves spending time together at the dining table (drinking and eating). It is akin to building a strong network where gaining trust opens a path to success as cultural differences are set aside. The Chinese call this type of relationship ‘guanxi.’ In the United States, however, people tend not to have drinks with potential business partners often, unless necessary, so they can avoid embarrassing situations.

Another factor that affects trust building is the comfort of silence. In some countries, a few seconds of silence make the conversation uncomfortable. This happens in countries where the comfort of silence is low, such as in France, Italy and the United States. In Asian countries like Korea, Indonesia and Japan, however, the comfort of silence is high, which often results in Asians not being able to speak often during business meetings with people from Western countries. Asians are not likely to feel uncomfortable if the conversation stops for as long as 30 seconds.

Business executives should learn that cultural sensitivity is essential when engaging in cross-cultural business. Never look at cultural differences as weaknesses. Instead, respect cultural differences to gain success.

Gaining benefits from cultural differences

Accepting cultural differences provides you with a wide range of business expertise and gives you novel business insights to overcome business-related problems. It’s your way to cope with potential barriers regarding international business and culture.

It is vital for a global company to understand that there is a difference in the definition of culture per se and culture in relation to the context of international business. Culture is typically defined as a group of common and accepted standards shared by a specific society. When you put it in international business context, what one society considers as professional may be different for another foreign society.

You have to understand that cultural differences affect global business in three primary areas – organizational hierarchy, etiquette, and communication. Understanding them and recognizing their effects on your business will prevent you from creating misunderstandings with foreign clients and colleagues.

  1. Communication

Effective communication is vital to business success, whether you are a start-up or a big corporation. Although it is common to hear that English is the language of business, do not ever assume that you will be able to come across your foreign counterparts by using or speaking English.

When you venture into the international business arena, one way of bridging the cultural differences is through language. Understand the language your target market speaks and know how you use it to convey your message. In India for example, business professionals typically communicate in nuanced and indirect ways. This is opposite to the Finns who tend to be direct and brief in their communication.

Aside from the verbal communication, it is essential to learn that non-verbal communication is also extremely important when dealing with international businesses.

  1. Interactions

Gestures that are commonplace in your own country, like kissing people you meet on the cheek, making eye to eye contact and shaking hands firmly, may be taken as offensive or unusual by your foreign clients or business partners. As many business coaches will tell you, it is critical for you to remember the proper professional interactions when dealing with different cultures. Doing research on accepted and proper business etiquette is important. In some cases, you need to be extra observant of body language and at times, it is better to ask than commit a cultural faux pas.

  1. Etiquette in the workplace

When you are working for a multinational company, you are likely to encounter many differences, which prompt you to learn international business etiquette.

Put high importance on the formality of address when dealing with foreign business partners and colleagues. In some cultures, it is all right to address a person you’ve recently met by their first name, while in other countries, they would rather that you address them by their surname or their title. Canadians and Americans often use first names, even when dealing with new acquaintances. But in many Asian countries, such as Singapore, China and South Korea, you should always address a person formally by adding Mr. or Ms. before their surname. If you are in doubt, use the formal way of address.

Punctuality is something that is relative. When you deal with business partners, clients or colleagues from the United States, South Korea, Japan and Russia, you are expected to be on time. In Germany, you are even expected to be at least 10 minutes early for your appointment. In Greece, they expect foreigners to arrive on time but just like in Russia, you may expect your counterpart to arrive slightly late. Brazil is ambivalent. They could either be late by a few or several minutes unless you indicate that they follow the English time, meaning they should arrive at the agreed time.

In Malaysia, expect to wait up to an hour if your counterpart will be about five minutes late. They are not required to give an explanation, either. In China, it is acceptable to be at least 10 minutes late while in Mexico, it is quite normal for people to be late by 30 minutes for a business meeting. When doing business in Nigeria or Ghana, the appointed hour for the meeting may be one hour late or within the day. In Morocco, personal meetings could be delayed by an hour and in some cases, a day. When scheduling meetings in India, understand that being punctual is not one of their ways.

  1. Hierarchy in the organization

Cultural norms dictate how attitudes towards management and organizational hierarchy are perceived. In some cultures, junior staff and people in middle management may or may not be allowed to speak up during meetings. In some countries, it is difficult to question decisions by senior officers or express opinions that are different from the rest.

Attitudes are dependent on social equality or the societal values of a country. In some countries such as Japan and South Korea where respect for elders and people in positions of authority is deeply ingrained in the members of society, the concept is applied to the workplace as well. It helps in defining responsibilities and roles in the company and those holding positions in senior management expect deference from junior staff and a higher level of formality and respect.

However, the situation is different in Scandinavian countries. In Norway for example, societal equality is emphasized so the organizational hierarchy tends to be flat. The workplace environment calls for cooperation across all departments and informal communication is prevalent.

Differences in negotiating styles

Negotiation is a principal component of international business. Culture influences the way people behave, communicate and think. These characteristics are reflected in the way they negotiate. It is crucial for businesses to understand cultural differences during business transactions and find ways to hurdle the barriers these differences present.

Spanish speakers view negotiation as the means to have a contract, while in some Asian countries, negotiations are taken as the way to build stronger and firmer business relationships. The Japanese regard negotiation as a win-win process while the Spanish look at it as a win-lose process.

The way one communicates during negotiations should be carefully considered. Israelis and Americas are very direct, so you immediately know if the transaction is approved or not. The Japanese, however, tend to be indirect. You have to read and carefully interpret vague signs to know if they rejected or accepted your proposal.

Some cultures are very emotional like the Latin Americans. Most Asians, on the other hand, have a tendency to suppress their emotions and keep things formal.

Even the way different cultures handle contracts vary. Americans like to have every detail included in the contract because they want to anticipate possible eventualities and circumstances. The deal equates to a contract, therefore everything that was discussed and accepted during the negotiation should be specified in the contract. The Chinese, on the other hand, prefer a contract to have the general principles only, because for them, sealing a deal means forming a relationship with the business partner.

Remain competitive and successful in the global market

Cultural differences are sensitive issues and those who take the time to address these differences will have a better chance of remaining competitive and successful in the international business environment.

Businesses preparing to enter the global market have to diligently learn how cultural differences can affect their conduct of business in different markets. Their performance depends on understanding cultural diversity and that different markets have their own set of priorities, preferences and expectations. Day Translations, Inc. can help you navigate the complexities of cultural differences through localization.

Our translators live in-country, thus they have insider knowledge of specific cultures. They are also native speakers, assuring you that every nuance of the language is properly incorporated in the localization process. We share our wide experience and long-term expertise in translation and localization to ensure that your business can truly respond to the needs of your target markets. For your translation and localization requirements, you can send us an email at Contact us or call us at 1-800-969-6853 anytime night or day. We are open 24 hours a day, every day of the year, to quickly respond to your linguistic needs.

Image Copyright: rawpixel / 123RF Stock Photo

How to Increase Your Book Sales with Accurate Literary Translations

Translating a work of fiction into other languages represents a chance to introduce your book to a wider audience and substantially increase book sales, whether you’re with a traditional publisher or an independent author looking to find new readers.

Why You Should Think About Translating Your Book

The main reason to expand to other countries comes down to sheer numbers. A book in English will only reach English speakers, which leaves out the rest of the world. Many works of literature have been translated into different languages so that people can enjoy them all over the world.

Some of them have gone on to become international bestsellers, including:

  • The Little Prince by Antoine de Saint-Expuéry (originally French)
  • The Girl with the Dragon Tattoo by Steig Larsson (originally Swedish)
  • The Alchemist by Paolo Coelho (originally Portuguese)
  • The Name of the Rose by Umberto Eco (originally Italian)
  • One Hundred Years of Solitude by Gabriel García Márquez (originally Spanish)
  • Harry Potter series by J.K. Rowling (originally English)
  • Anna Karenina by Leo Tolstoy (originally Russian)
  • The Count of Monte Cristo by Alexandre Dumas (originally French)
  • The Vegetarian by Han Kang (originally Korean)

General literature is not the only type of fiction that can find success in foreign markets. Authors of genre fiction, including thrillers, romance, mystery and fantasy, have come to realize there is large, untapped foreign market that is hungry for the type of books they write. They know there is money to be made and so many authors are having their English-language novels translated into German, French, Spanish and other languages.

The Challenges of Translating Fiction Into Foreign Languages

Of course, translating a book from its native language is not easy. In fact, it is perhaps the biggest challenge translators face. The trouble lies in the very essence of language itself, especially when it comes to fiction novels. Here are a few challenges translators face when translation works of fiction:

1) Translating Abstract Concepts – Author’s Style, Tone, Meaning

You can translate words literally, but conveying the ideas, style, tone, meaning, and even the spirit of the story is a totally different matter. A word in one language might not even exist in another. Then there are the idioms, phrases and references that are completely unique to one language or culture. Something that makes sense to an English speaker might not convey any meaning to a Spanish speaker…and vice versa.

2) Translating Across Different Sentence and Word Structures

Another difficulty is that languages can have entirely different sentence and word structure. For example, Arabic is read from right to left and subject pronouns are included in conjugated verbs. Deborah Smith, the translator of the Korean novel The Vegetarian, relates that Korean uses a “subject-object-verb language so a lot of information is delayed until the end of the sentence.” Korean authors also rely heavily on repetition and ambiguity, which might not have the same poetic effect when translated into English. Capturing the essence of the source language, while making the story flow and be relatable to readers in other languages all comes down to the knowledge and skill of the translator.

The Importance of Using A Native Speaker for Fiction Translation

The knowledge of a culture is important in foreign language literary translation, which is why it is vital to use a translator who is a native speaker and who fully understands the cultural references, humor and subtext in the book in its original language. You need someone who is capable of conveying the meaning of a story, while still staying true to the original intent. In many ways, an expert fiction translator has to be a gifted author in his or own right. At the same time, it is also vital to be accurate and avoid mistakes in translation, or worse, adding or making up things that were never in the original.

For a more in-depth look at the challenges of translating a specific work of fiction – in this case J.K. Rowling’s Harry Potter series – check out our blog here.

Let ALTA Help You Find A Professional Fiction Translator

Translating a work of fiction into other languages represents a unique challenge that should only be handled by experts. ALTA Language Services has a network of 2000+ native language literary translators in over 100 languages who can interpret the meaning and spirit of a novel, while maintaining the accuracy and integrity of the source material. For more information about translating a work of fiction, contact us today.


Kristin Wallace is a USA Today Bestselling fiction author and advertising copywriter who is addicted to learning and writing about language, culture and art around the world. She lives and works in sunny Miami, Florida.

Posted by  on September 27, 2018