Translation Agency Rights and Responsibilities
Thread poster: Lang Design
Lang Design
Local time: 16:19
Spanish to English
Apr 17, 2007

I have a client, a law firm, who we have worked with for years now. There is a new attorney at the firm. They recently contracted with us to perform the English translation of a Japanese patent (we have done several Japanese patent translations for this client in the past). We followed our usual agency protocol of hiring first a professional translator, then a professional editor, and performing final proofreading and quality control. After the project was completed, the client requested a Certificate of Accurate Translation. I gladly furnished this to them, as this is a pretty standard requirement for legal translations. However, the client is now requesting to see the CVs of the translator and editor. The attorney made a comment that the translator may be "drilled extensively". As a translation agency who contracts with several professional translators, I believe it is my job to protect our translators from unnecessary "drilling". We were hired to perform a standard translation for this client, and this is the first time they have ever made such a request. I have told the client that if they have a question regarding the accuracy of the translated text, they may contact our agency and I will contact the translator and/or editor. The translator may speak only regarding the accuracy of the translation; I do not believe it is fair for the client to "drill" the translator on legal matters relating to the invention in question. While I understand that patent translation has very important legal implications, we hired a qualified translator and editor to perform the job. Not only does the client's request violate the integrity of the agency/contractor relationship, I also feel like they are trying to "nail" our translators and force them to testify in legal proceedings. The client commented that they were very pleased with the translation, and we are providing a Certificate of Accurate Translation. Now they are requesting the CVs of individual translators. It is important to note that this client has never made this request before, and they decided they needed to see the CVs AFTER the translation was delivered to them. While I want to fulfill the needs of my clients (who have not yet paid for this large translation project), I feel that I need to protect the translators that I work with, translators I have known for several years and I can certainly vouch for their professional qualifications. What is my responsibility toward my client, and what are my rights as the owner of a translation agency to protect the privacy of my translators and maintain our working relationship?

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Claudia Krysztofiak  Identity Verified
Germany
Local time: 23:19
English to German
+ ...
What was your agrement? Apr 18, 2007

If you did not agree to giving them the CV of your freelance workers before the job I cannot see on what basis they could force you to give it to them now.

I assume they have a contract with you and you are their business partner so they have to contact you on everything regarding said business and not some subcontractors who work for you.

To me it sounds rather like they wish to learn the details of the people who did the job to contact them directly and save money in the future by giving work directly to them and not to you. So to me it sounds only natural that you have to protect your business and not only your business partners.

I'd ask them politely to discuss any business matters with you and you can then take action as required.


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Lang Design
Local time: 16:19
Spanish to English
TOPIC STARTER
Request for CV not in original contract Apr 18, 2007

Many thanks, Claudia. Our original agreement with this client did not include a provision that we would make individual translator information available to them. Because they asked to see the CV AFTER the project was completed, I do not feel any obligation to provide them this information. My primary concern is that the client is interested in "drilling" the translator in court, when they NEVER specified this would be a requirement when we took on the job. We have politely denied the client's request to view the translator's CV. My only concern is that now they will withhold payment and try to claim that our agreement allows them to access the translator's information. Oh well, I guess we will find out in 30 days.

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ViktoriaG  Identity Verified
Canada
Local time: 17:19
English to French
+ ...
Maybe they just want to pay less Apr 19, 2007

Once they get the CVs, they can go and hire your translators for less. After all, they were very satisfied with the translation...

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Laurent Boudias  Identity Verified
Local time: 17:19
English to French
+ ...
another way Apr 19, 2007

If the client is interested in your translators qualifications, give the client their CV, without the translators name and contact info. They can't complain you didn't give the CVs.

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Translation Agency Rights and Responsibilities

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