Legal Writing

Legal Writing

Jacob De Camillis

2011, 2012 (c)

A more uncommonly considered specialization within technical communication is legal writing – the research, writing, editing, and maintaing of legal literature such as copyright discourse, legal information, criminal investigation and forensic reports, contracts, and intellectual property etc. Legal writers are employed in intelligence, the military, private investigation, government/civil services, the police, courts of law, patent offices, law offices etc.

What makes a good legal writer?

• A firm academic background in law, criminal justice, accounting, the sciences, medicine, or philosophy would be an advisable base. Training in court reporting, policing, or private investigation is even better.
• Natural inquisitiveness, plus the ability to be methodical, analytical, and persuasive.
• Basic communications-related training post university study. Take courses in English and writing or consider doing a graduate degree or certificate programme in technical communication.
• Seamless written fluency in a second (and possibly third) language wouldn’t hurt if working internationally or within officially multilingual bodies (i.e. Canada, Belgium, the United Nations, the European Union, the Hague etc). 

Keep in mind, a legal writer's readership/reading audience can range from highly experienced legal professions to Joe Average. The point being is to be mindful of who you, the writer, is writing to. Language must be concise, clear, and accurate to the slightest shade of meaning – in turn, have a natural vocabulary that exceeds a dictionary.  However, never write beyond the reader nor beneath the reader.

A note for legal writers dealing with international clients and especially translators, footnote every minute detail about the legal system backing your document(s) to make sure that rendering of information is thus equally accurate.  

NOTE:

I cannot stress enough, depending on the instance, a legal background may be an absolute qualification prior to specializing as a writer. It can be illegal by federal law to write or edit legal contracts and reports unless one is licensed prior (i.e. as a paralegal).

A massive ethical note concerning legal writing is confidentiality. Although no-less-than-exact use of language is a must, the content of legal discourse is (more often than not) cloaked as being highly classified. Therefore, one must be especially prudent of not openly discussing any aspect of your work as well as making sure all computer files and paper trails pertaining to your writing are well guarded.

Specialization:

Depending on your background and interest, legal writing is in itself broad and can be highly specialized: medical-legal, real estate, corporate, contracts, tort law, municipal law, import/export, international law, etc.   

Resources:

Your best resources depend on where and under whom you are (planning to) working for. You would be wise to contact law offices, local city halls, court houses, law schools within universities, as well other major institutions with respective communications and legal departments.


Citation/Bibliography:

"Kaplan Technical Writing: A Comprehensive Resource for Technical Writers At All Levels"; Martinez, Diane; Peterson, Tanya; Wells, Carrie; Hannigan, Carrie; Stevenson, Carolyn. pp 498 - 501.  Kaplan Inc., 2011, 2008.

Kaplan's Technical Writing: Book Reccomendation

Kaplan's Technical Writing

BOOK RECCOMENDATION

by Jacob De Camillis

Just a quick note, whether you're a student or long-time professional technical writer, a fantastic reference, revised and updated, has entered the market that I feel serves as technical communications guru: "Kaplan's Technical Writing". The book is multi-authored by six American women and is written in two parts, including appendicies, part one being a formal training manual -- the principles of technical writing, part two being a beyond-the-basics development concept:


Part I: Introduction To Technical Communication
Chapters 1 - 8

• Defining Technical Communication
• Purpose, Audience Analysis, and Context
• Forms of Technical Writing
• Research
• Planning, Organizing, Drafting, and Stylizing
• Document Design and Visuals
• Revising, Editing, and Proofreading
• Presentations

Part II: Technical Communication In The Workplace

Chapters 11 - 20

• Collaboration in the Workplace
• Longer forms of Technical Writing
• Proposals
• Grant Writing
• Writing and Designing Training Materials
• Writing in Digital Environments
• Research in Professional Contexts
• Testing and Usability Issues
• Oral Presentations
• Writing in Specific Fields
• Jobs in Technical Communication
• Professional Development in Technical Communication

et. al. 


I find this book to be beautifully written, well organized, and it serves all audiences. You can purchase the book online at any major book chain, Amazon, Chapters, Barns & Noble etc. 

• Paperback: 672 pages
• Publisher: Kaplan Publishing; 2 edition (December 7, 2010)
• Language: English
• ISBN-10: 1607147092
• ISBN-13: 978-1607147091
• Product Dimensions: 9.2 x 7.8 x 1.4 inches
• 
  

Going from Technical Writer to Technical Translator | Jacob De Camillis

Going from Technical Writer to Technical Translator

by Jacob De Camillis
Copyright © 2011, 2012

If you know at least two languages fluently, you may be interested in technical translation. What does one need to make this leap? Here are six simple pointers to help you in the right direction!

1. The ability to technical write in your mother tongue(s). Good technical translation is good technical writing---the target text must be well structured, coherent, clean, and accurate, regardless of whether you work into English, French, or Klingon etc. 

Translators as a rule of thumb should only work into their strongest language, which is most often their native language, or the language through which they received 80% - 100% of their education. Translators of Asian and African languages may be forced to work into their second language as few native speakers of European languages translate such languages, i.e. Arabic into English, Japanese into Spanish, etc.

2. Flawless reading fluency in at least one other language. The rule of thumb is, if you can sift through the most complex essay or book you can find in all of your languages without needing a dictionary, then you’re good to go! Translators must be seamless---no subtlety, no thought, nor term can slip through the translator's radar. Although I mention only a second language, it is not uncommon for translators to have excellent passive knowledge of two, three, or even four foreign languages besides their mother tongue.

3. Working knowledge of at least one technical field.  Much like with technical writing, one has to know what they’re talking about. If you mistranslate a term, the consequences can be disastrous! 

With the global domination of the English language in science, technology, business, and academia, a language may lag/lack a developed technical idom of its own. Technical translators find themselves coining new terminology on a continuous basis: you have to problem-solve, understand, be creative, and be accurate. The best two ways to overcome such obsticals is through reading and through talking to subject matter experts.

4. A collection of fantastic references. It is essential that translators keep dictionaries, encyclopaedias, journals, textbooks, glossaries, and anything else they can in all of their working languages. If you travel extensively, make plenty of shopping trips to local book stores. Keep current. Language and human knowledge constantly changes. If the language you speak lacks what you’re looking for (perhaps, for instance, a Swahili dictionary of nuclear physics)---there is no harm in writing one for yourself.

5. Education, Education, Education! Whether you go through a formal degree programme in Switzerland or you invest in a lot of books on translation theory, it never hurts to ground yourself in the literature, techniques, and thoughts floating about in and among other professional linguists. Some pick their trade up by having a mentor and others attend prestigious universities. There are conferences, books, and translation societies---do your research and continuously practice to hone your skills.


6. Network. As with technical writing, translators should network, especially if you work freelance as opposed to for a company. Within networking, build up a good portfolio sampling your best work. Hook up with other translators and put your name everywhere. Translation jobs often involve a bidding process if one is getting their work via telecommuting. The more people you know, the more doors you have you foot in.

If interested in more, a beautiful place to start is a website hosted by translator Gabe Boker called, "Translation Journal" -- it, much like this blog, is a collective of minds and mentors about every facet of the profession one can think of!

http://translationjournal.net/journal/

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Tips For Working With Translators

Tips for Tech Writers Working with Translators

by Jacob De Camillis 

Published: 2011; Edited: 2012

If you find yourself overseeing or working in close contact with translators towards the end stages of a technical writing project, here are a few pointers to ensure quality and to ensure smooth relations:

1. Cultural Sensitivity:
1. Make sure the source text is clear of any cultural-specific references and free of idioms/colloquialisms. Not all translators will pick up on such subtleties, and, not everything can be fluidly translated without sounding awkward, inappropriate, or unintelligible. Isn’t that just the cat’s pajamas?
2. Be Language Aware:
1. Know the language-specifics of the target market----who are you localizing for?
2. Examples: 

                                                              i.      Chinese in China and Singapore will employ simplified characters; Chinese in Hong Kong, Macau, Taiwan, and most of the Chinese diaspora will use traditional characters.

                                                            ii.      European Portuguese and Brazilian Portugese, American vs. Commonwealth English, Serbian vs. Croatian, Afghan Persian (Dari) vs. Iranian Persian (Farsi), etc.

3. Stand By:
1. Translation, much like technical writing, doesn't just involve interpreting language---it's about interpreting content as well (and more importantly). If a translator has questions, answer them. 
2. Think---what is the difference in content and language between a passport or a driving licence and a theoretical physics publication?
4. Certification vs. No Certification:
1. Translation certification and formal translation education have increasingly become the golden standard expected of professional translators. To be an accredited and/or degreed member of an agency shows professionalism on the part of the translator. However...
2. Not all translators are certified. Many are multilingual individuals with qualifications in subjects other than languages and translation. Their reputation is earned based on work experience---entry through the back door. Translators of literary works or highly technical subjects may fall under this category. 
3. It is best to assess the translator's work if possible. An accredited individual may not be the best candidate for translating a document of a highly specialized subject like robotics. On the same note, just because someone is bilingual doesn't make them a translator either. Do your homework!
5.  Native Fluency:
1. The ability to write for a target audience is fundamental to communication, good translation is equally good writing. 
2. Although some translators have the fortune of having two mother tongues, the majority will have studied their foreign languages formally. Thus, one works from their second language exclusively into their mother tongue.
3. Note: Translators of Asian languages are very rarely of western ethnicity. Most are native Chinese, Arabic, Japanese, etc. speakers with full command of English, French, etc----rather than visa versa. If you're worried about the translator's competancy, interview them.
6. Single Sourcing Between Languages: 
1. Different languages have their own standards of stylistics and design, as well as of course, different writing systems which can wreak havoc on western computers if not properly handled.
2. Research, ask questions, consult professionals!
7.  Terminology Lists:
1. Many foreign languages have given into English as the lingua franca of science and technology, and often translators thus find themselves coining new vocabulary like a lexicographer in order to accommodate for a vocabulary lag within their own language. 
2. Do your translator a favour and compile terminology lists where possible, OR, point them to fantastic resources.
8.  Low Rates = Low Quality:
1. Good translators, especially specialized translators, tend to charge high prices for their services because they’re worth it. They’re providing quality and passion. Don’t be deterred by it, but rather budget for it. 
2. A translation firm that can offer you fast translation at low rates undermines (and is a disgrace to) the skill level and intellect that goes into translating.  
3. Buyers beware!