Question
Should solicitors provide translation/interpretation assistance to clients?
A solicitor must consider:
- Their expertise in the language, including legal as against conversational terms.
- The likelihood of becoming a witness in the matter (see Conduct Rule 27).
- The inappropriateness where the document requires the client to confirm the validity of the contents eg affidavits, statutory declarations, claim forms.
- The ready availability of qualified interpreters, including over the telephone or via scanning documents.
It is preferable that neither the solicitor nor their staff translate/interpret for a client. If there is no alternative, then the solicitor should consider the particular risks in litigated matters, for instance preparing/signing documents. There may be less risk in taking instructions. Note the comments in Rogic v Samaan [2018] NSWSC 1464.
Weighting
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