On spotting legal issues…..

Posted on by K

One thing I’ve learned to do pretty well as a paralegal is a spot a legal issue. I don’t necessarily know how to rectify the issue but, hey, identifying a problem is the first step to solving it, right? This skill has turned out to be a huge asset for me in my work with clients. It’s been really shocking for me to realize just how often people unaware of the law are taken advantage of. In my work at an organization providing free legal assistance, the clients are aware there is something a lawyer can do for them. That is why they call in the first place. At my field placement, this is not the case. My clients are often completely oblivious to any legal remedies available to them. One client that I have been working with for the past month presented with issues paying her bills. After speaking with her at length, I’ve come to realize that her current problems stem from an eviction that took place two years ago, an eviction that the client could have fought in court. While she may not have been able to retain her apartment, she could have bought herself time and that time would likely have made a world of difference for her. Unfortunately, my client wasn’t aware at the time that she could fight the eviction in court and no one told her. That fact got me thinking just how much better social workers might be able to serve their clients if they are trained to spot legal issues and have appropriate referrals for services.

I once attended a webinar taught by the Victim’s Right Law Center about issue spotting with victims of sexual assault during intake (thats a mouth full). The thing that the presenters really stressed was just how many facets there are to a client’s story, to their presenting problem. A young woman sexually assaulted on her college campus may present asking for assistance processing her attack and its effects on her life but when probed so many other issues, ones with legal remedies might present themselves.  She might say she feels horribly unsafe because she keeps getting messages from her perpetrator on Facebook. It might turn out she has an order of protection against her abuser from criminal court but she doesn’t understand it. It might not contain any provisions prohibiting him from contact via social media. It could though, she should contact the DA on the case. Maybe her perpetrator was her boyfriend. She might be eligible for a Family Court Order of Protection. She needs a family law attorney.  Does the client feel safe in her apartment? Maybe she wants to break her lease but can’t afford the fines. She needs a housing attorney.  Did she lose her job after she was assaulted because she was afraid to be there or because she was suffering psychological repercussions from the attack? She should speak with an attorney familiar with worker’s rights or one who knows the provisions of the VAWA act. What about school? What about her immigration status? You see where I am going with this.

I think it can be very easy for social workers to focus on their clinical work and miss other ways they can assist their clients. When you are working with clients that have no involvement in the court system, it can be difficult to recognize when a client should, in fact, get involved. Now, I’m not suggesting we all go out and study the law but I am suggesting we learn to notice more when our client’s rights are being violated. Sometimes we might be wrong, sometimes we/our clients might consult an attorney and learn there is absolutely nothing that can be done to assist them with their problem. There will be other times though; other times when our clients will be able to use the courts to their advantage and be all the better for it. If my client had known housing law remedies available to her, she never would have had to walk through the door to meet with me and, while I’m happy that I had the occasion to meet her, I would much happier if she had the financial security she deserves.

Court Proceedings Lost in Translation

Posted on by K

Recently, I found myself stuck in a courtroom waiting on a judge’s signature in the midst of a trial. During said trial, a witness required a court interpreter in order to give his testimony. The interpreter’s role was to relay questions being asked of the witness (in his primary language) as well as the witness’ responses to these questions to the courtroom (in English). The interpreter also relayed translation of discussions that occurred between the opposing party and the judge. As an observer who didn’t speak the primary language of the witness, I found myself engrossed by the interactions between interpreter and witness. How do we know what that the witness is understanding the questions or that they are being interpreted correctly if no one else here speaks that language? Why did the interpreter and witness just have a back and forth exchange when no one was talking to them? Are they talking about me sitting in the back of the courtroom?

It’s a fascinating thing, watching a court interpreter at work. To me, its mind boggling how fast their brains must take in information in one language, translate and then spit it out in a completely different one.  Sometimes the translations seem be happening simultaneously as the words are flowing from the person who is speaking, as if the interpreter is a mind reader!  As fascinated  and impressed as I am with an interpreter’s skill set, I also can not help but feel concerned with the whole process.  How can the witness focus with two people speaking at the same time? How can they completely tune out the English if its their secondary language? Do they trust the interpreter’s translation?

As it turns out, my concerns are not necessarily unfounded. Well, all my concerns except the one about the witness mocking me to the interpreter… I think.   According to a report written in 2011 by the Immigration Court Observation Project, (ICOP) interpretation in immigration courts was determined to be real issue. Interpretations services in many ways appeared to be inadequate.  For example, only statements made to or from the respondent are translated for them causing confusion about what is occurring in the proceedings. It was observed in a number of cases that translation  did not always occur in the proper dialect or, even more disturbing, proper language for the respondent to understand. Despite court interpreters being held to a professional standard of conduct, many appeared to disavow this code.  These issues are not unique to immigration court. At one seminar I attended for work, a domestic violence survivor advocate spoke about these issues plaguing survivors’ experiences in family or matrimonial court as well. In addition, she created awareness that in smaller communities there is an increased probability of the survivor knowing her interpreter. This could cause the survivor to feel intimidated or embarrassed during their testimony which could, in turn, affect its quality.

In thinking about this issue, I wondered how, as a social worker, I could assist clients for whom English is not their primary language when they must make a court appearance. It seems to me, the best course of action would be to prepare our clients prior to their court date, empowering them with knowledge. Our clients should know they are entitled to a court interpreter in their primary language even if they also speak English. They  have a right to a proper translation of their court proceeding. They must be encouraged to raise any concerns about interpretations or the person carrying out the interpretation with their lawyers or, if they are not represented, with the judge.

Another way for social workers to get involved with this issue is through advocacy. Barrier Free Living is working to ensure that domestic violence survivors with hearing impairments are provided with adequate American Sign Language interpreters.  The New York Immigration Coalition  works for justice for immigrants. The Vera Institute of Justice strives to increase fairness in the justice system in numerous ways, this could become one.

Any thoughts?