Question
Should solicitors provide translation/interpretation assistance to clients?

A solicitor must consider:

  1. Their expertise in the language, including legal as against conversational terms.
  2. The likelihood of becoming a witness in the matter (see Conduct Rule 27).
  3. The inappropriateness where the document requires the client to confirm the validity of the contents eg affidavits, statutory declarations, claim forms.
  4. 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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