August 25, 2006
"Lost In Translation" 
If you use the term “probate” when speaking with an attorney or client who speaks only Spanish, you’re likely to get a blank stare -- ¿Qué es eso? -- the equivalent of “huh?”
That has happened to Ruben Arizmendi, a 1981 graduate of Thomas Jefferson School of Law, who's a business and estate attorney. Probate is a rather important term in his practice.
But something was getting lost in translation.
If he tried to use the Spanish word “probar” –- from the Latin root “probare” –- the attorney or client might think, “does he mean to taste or to prove?” There’s no literal translation. But if Arizmendi were to say “juicio de sucesorio” –- the Spanish-speaking lawyer would know exactly what he meant.
Realizing that attorneys and clients are often not understanding each other, Arizmendi decided to teach a Wednesday night class titled “Spanish for Legal Professionals” at his alma mater, Thomas Jefferson, starting in the Fall of 2006.
Another example of the problem: “Discovery” is an everyday term in American law, where each side of a lawsuit or criminal proceeding can examine the other side’s evidence, documents and witness list. If Ruben were to use the literal translation “descubrimiento” to a Spanish-speaking attorney, he would probably get more blank stares. But if he were to say “investigación formal,” a light would go on in the attorney’s mind.
Arizmendi says verbatim translations “are often meaningless or absurd.” Words that are spelled or sound nearly the same in two languages (cognates) are often false or misleading. For example, if you say “deposition,” a Spanish-speaker might think you mean “deposición” –- that you want to depose a ruler. Even the term “corte” for court is not entirely accurate since the more commonly accepted terms among Spanish-speakers is “tribunal” or “juzgado,” says Arizmendi.
More than 95% of Arizmendi’s clients are Spanish speakers. But being a Spanish speaker himself, who practices in the American system, is no guarantee that his clients will understand the concepts he’s speaking about unless he uses the proper legal terminology in Spanish.
In Arizmendi’s estimation, this is a growing problem in California where the Latino population is also growing, and there’s a mish-mash of “Spanish legalese” being used in Southern California -- a kind of legal “Spanglish.”
One example of that is the use of "seguranza" for insurance company, instead of “compania de seguros,” the proper Spanish term.
Why are legal terms so different in Spanish-speaking countries? Arizmendi says it’s because those countries have a legal system based on the Napoleonic System and their terminology is not derived from Latin as is the American system –- which is based on English Common Law.
The course is open only to Thomas Jefferson students now, but eventually, Arizmendi would like to offer the class to a wider group of legal professionals in San Diego.
Arizmendi is hoping to create an entire new legal language in Spanish –- a new Spanish legalese –- where U.S. attorneys, both native and non-native Spanish speakers alike, can communicate effectively with their clients and other Spanish speaking attorneys.
So nothing is lost in translation.