What We Got Here Is Failure to Communicate: The Legal, Ethical, and Monetary Considerations of Effective Communication

The American Bar Association says that lawyers must provide interpreters or translators for clients who have trouble speaking English or who are Deaf. Lawyers also have to make sure they understand their clients and that their clients understand them, even if there are cultural differences. If a lawyer doesn’t do this, it’s considered discrimination and could get them in trouble. The law says that it’s not okay to discriminate against people with disabilities or people who speak languages other than English. If a business or organization gets money from the government, they have to make sure they can communicate with people who don’t speak English well. If a lawyer doesn’t communicate effectively with a client who doesn’t speak English well, they could get in trouble. Effective communication means making sure that people with disabilities or limited English proficiency can understand and participate in important conversations with their lawyer. If someone needs help understanding because of a disability or language barrier, a lawyer must provide a qualified interpreter or use a language translation device to make sure everyone can communicate effectively. If a client needs help understanding something, the lawyer has to explain it in a way the client can understand. If the client needs an interpreter, the lawyer has to provide one. The type of interpreter needed depends on the situation. The government enforces the law that says people with disabilities have the right to effective communication. Sometimes, a client might want to use a family member as an interpreter, but it’s not always a good idea. For example, if the family member might try to control or harm the client. In some cases, the information should be private and a family member shouldn’t be used as an interpreter. Florida courts have rules for certifying and regulating spoken-language court interpreters. Certified interpreters have passed exams to show they are proficient. You can request a certified interpreter from a service, or find one on a public registry. Interpreters can also work remotely by video or phone, which can be helpful for rare languages and for keeping people safe during COVID-19.

For sign language interpreters, there is no Florida standard, and the Registry of Interpreters for the Deaf has not certified new legal interpreters since 2016. Lawyers need to ask about a sign language interpreter’s legal experience and knowledge, or use a sign language interpreting agency to find a qualified interpreter. You can find Florida interpreters and agencies on the Florida Registry of Interpreters for the Deaf website and the RID website. Not all people with hearing disabilities use American Sign Language. Some may rely on written transcriptions to communicate. It’s important for a lawyer to ask their client about their language needs. For those who use ASL, it’s their first language and they may not be proficient in English. ASL has a different structure than English, so English needs to be interpreted into sign language. Lip reading is not effective for important information, as only 30% of speech sounds can be lip-read. For legal assignments, it’s standard to have two interpreters working together because the information can be complex. They take turns interpreting and watching. It’s also helpful to provide background documents before the assignment. In court, there should be two interpreters, and the Deaf person’s lawyer should have their own interpreter to protect their private conversations and make sure the interpretation is accurate. Some Deaf people may need a Certified Deaf Interpreter (CDI) if they don’t know American Sign Language well. In criminal cases, a Deaf person might not be able to understand the legal system and need special help. An interpreter should be able to recognize if the person doesn’t understand and then an expert can be brought in to check their language and legal understanding. Sign language is not the same in every country, just like spoken languages. There are different types of sign language, like cued speech and signing exact English. There are also tactile and haptic signs for deafblind people. Video interpretation is available for sign language, but it’s best for one-on-one conversations. For blind or visually impaired people, screenreader software can convert text to speech, making it easier for them to access materials. The Florida Supreme Court has made sure that Florida courts follow the law by providing communication access to blind people. In a case called Gabriele v. State, the court ordered the appellate court to accept documents in Braille and communicate with the blind appellant in Braille. The Department of Justice also settled a case in 2014 to ensure that electronic court documents are accessible to blind people who use screenreader technology. The Supreme Court has given guidelines for all documents filed in Florida state courts to make sure they are accessible to blind people. These guidelines include things like using specific features in word processing software, providing descriptions for images and graphs, and making sure PDFs are tagged and formatted correctly. These guidelines are important for everyone to follow, not just for court documents. It’s important for lawyers to understand and communicate with clients who have disabilities. They have to make sure the client understands their legal options and help them make decisions. This might mean using special devices or finding alternative ways to communicate, like writing or sign language. It’s a challenging but important part of being a lawyer. Public entities and businesses have an obligation to provide interpreters or other communication aids for people who have trouble understanding English or have a disability. This includes courts, government offices, and private businesses like law offices. They have to pay for the interpreter or aid, and can’t charge extra for it. If someone needs help in court or for other legal activities, they can ask the court’s ADA coordinator for help. It’s up to the business or entity hosting an event to arrange and pay for the interpreter or aid. If a lawyer or a lawyer referral service agrees to share a client with another lawyer, they are responsible for paying for the costs of the client as well. When it comes to helping people with disabilities or limited English skills, lawyers have a duty to provide assistance and communication aid. This is not just a legal obligation, but it’s also a way to show that they are committed to diversity and inclusion in their work. About 20% of people in the US have disabilities, so it’s important for the legal profession to be inclusive of them. Providing help and support to people with disabilities is a practical way to show that commitment. Deaf with a capital “D” means someone is part of the Deaf community with a strong connection, while deaf with a lowercase “d” means only having a physical condition of hearing loss. The American Bar Association has rules that require lawyers to provide communication access to clients with disabilities, including those who are deaf. This is to make sure everyone has equal access to legal services. There have been court cases about this, and it’s important for lawyers to follow these rules. If you need an interpreter for sign language in Florida courts, you can find one through the Florida Courts website or the Florida Registry of Interpreters for the Deaf. However, there is currently a moratorium on certifying new interpreters for legal proceedings. People who understand cued speech, a combination of speech reading and signals, are an exception. The U.S. Department of Justice has settled complaints about the lack of accessible communication for people who are deaf or hard of hearing. Florida also has rules for making electronic documents accessible to everyone. This is a list of laws and resources related to courthouse access for people with disabilities. It includes links to guides and regulations, such as the Americans with Disabilities Act. The author is a lawyer who specializes in disability rights. This information is provided by the Public Interest Law Section.

Source: https://www.floridabar.org/the-florida-bar-journal/legal-ethical-and-monetary-considerations-of-effective-communication%ef%bb%bf/