When a client's English is limited, the rules do not change, but the risk does. You still have to take instructions from the client, act competently and keep their information confidential. The practical answer is to arrange the language before the first meeting, not during it: decide who interprets, let the client give the first account in their own language, have the documents translated by someone whose work you can rely on, and keep the client's own words on the file beside the English.
The rules that apply
The Conduct and Client Care Rules 2008 ask every lawyer to act competently (rule 3), to keep the client informed and consult them on the steps taken (rule 7.1), and to protect confidential information (chapter 8). None of these is waived when the client speaks another language. Each gets harder.
A Law Society standards committee decision from 2019 is the one to remember. The committee accepted that the client needed an interpreter, but found that relying on an intermediary so fully that no direct instructions were taken was risky, because it could stop the lawyer from getting adequate instructions or communicating effectively with the client. The lawyer, not the interpreter, has the retainer.
Who interprets
- Not a family member, for the substance. A relative can book the appointment. They should not be the only channel for instructions on a dismissal, a relationship or a visa, where the relative may have an interest in the answer.
- A professional interpreter, with a confidentiality undertaking on the file. Ask them to sign one before the meeting. Chapter 8 does not stop at the lawyer's desk.
- Direct questions, interpreted literally. Ask the client, not the interpreter. Have the interpreter render what was said, not what they think was meant.
- Check understanding by asking the client to explain back, through the interpreter, what will happen next.
Let the first account be in the client's language
The facts come out better when the client tells them the way they would tell a friend. Ask the client to write the story, or record it, in their own language before the meeting, and have it translated. You read the English; the client's words stay on the file, which matters when a detail is disputed a year later.
The same goes for messages. A dismissal argued over text in Tagalog, or a tenancy dispute conducted in Chinese, is evidence in that language. Keep the originals and attach the translation; do not replace one with the other.
Translated documents
Decide who translates and record it. A translation a client's cousin made over the weekend is a working aid, not a document you can put before a tribunal. Where a document will be relied on, use a translator who will put their name to the translation and say how it was done.
Write the language of each document on the file, with the date it was translated and by whom.
The letters that go out
Client care information and the terms of engagement have to be understood, not just sent. If the client cannot read English well, say so in the file note, explain the terms through the interpreter, and record that you did. A short covering note in the client's language, saying what the English document is and inviting questions, costs little.
What Sidqo does here
A client who reaches a firm through its Sidqo link can explain their matter in English, Chinese, Hindi, Tagalog, Arabic, Urdu, Bengali or Malayalam. The lawyer reads the summary, the timeline and the memo draft in English, and the client's own words stay in the conversation log. Documents are read on upload, so a client who photographs a letter in their language does not retype it. The Sidqo for Lawyers page describes the intake, and the demo dashboard has a partner visa matter whose intake was in Tagalog.
The assistant collects facts and documents. It never tells the client what the law is or what to do, in any language. The advice, and the retainer, stay with you.
Questions
Can a client's relative interpret at the first meeting?
For the practical arrangements, yes. For instructions on the matter itself, use a professional interpreter with a confidentiality undertaking. A relative may have an interest in the outcome, and the 2019 standards committee decision warns against taking instructions only through an intermediary.
Do translated documents need to be certified?
Not for your own understanding of the file. Where a document will be put before a court, tribunal or Immigration New Zealand, use a translator who will put their name to the translation, and check what that body requires.
Should the client's original messages be kept if they are not in English?
Yes. The original is the evidence. Attach the translation to it rather than replacing it.
Sidqo provides legal information, not legal representation. This guide describes the general position in New Zealand for lawyers; it is not advice on any client's matter. Check the current legislation before relying on a date or a figure.