Is it ethically responsible....?

Question

for an attorney who speaks only English to represent individuals who speak only another language (without benefit of a translator)?

Answer 1

The client can request a translator. Don't know if you are talking about a civil or criminal case, but in the firm I work at we serve a lot of Navajo clients and they will usually bring their own interpreters if they need one, especially the elderly.

Answer 2

I can't say that it is UNethical per se.

Realize that attorneys bring knowledge of the Law and Procedure to the case. Many times that's all that needs to be known. All the clients bring are facts, and in many cases, the facts don't matter, or are pretty obvious.

Say a person who speaks no english is charged with driving on an expired license, and the attorney has a document from DMV showing that the license was not, in fact, expired. The attorney doesn't need anything else.

Say a client is sued for Premises Liability for a slip and fall case in a business, and the attorney has a document from the State showing that the owner and operator of that business is someone else entirely.

It just depends on the specific case, really.

Answer 3

A defendant has the right to an interpreter. If one cannot be found, by law the defendant cannot be tried.

This should not allow, however, a defendant who is bi-lingual to use their native language in an attempt to hold the courts hostage. If they speak English well enough to communicate and an interpreter is not available, they should still be held over for trial. (my opinion)

Answer 4

I think it would be logistically impossible. How would they tell him the facts of the case?

Answer 5

simply .... No.