The ATA Chronicle - March/April 2021 - 17

Incentives: Instead of late

and keep the transaction

payment penalties, some

costs to a minimum. For

lawyers may recommend

that, your payment clause

you use your payment

should clearly indicate

clause as an incentive to

when (e.g., upon delivery,

secure payment by offering

upon invoicing, 10 days

a discount for full upfront

after invoicing, etc.) and

payment. That might work

how (e.g., check, PayPal, or

for you. Or you might want

bank transfer) you expect

to do both. Either way, don't

to be paid. But one thing

be afraid to discuss those

translators often overlook

options with your lawyer.

is who is going to cover the
transaction cost. By that I

Late Payment: Are you

mean whatever charges are

expecting a late penalty fee?

attached to your preferred

If so, what constitutes late

payment method. This is

payment? As of what date?

especially important when

How high is that fee? How

you and your client are in

do you plan to enforce it?

different countries, where

These are all questions you

transaction costs can get

need to ask yourself to get

pretty steep.

this clause right.
Translation Credits: If
Method for Handling

you've negotiated translation

Complaints: You may very

credits, where and how

well be the world's best

should they appear? If it's a

translator, but even the

book, the credits might be

world's best translator can

on the cover page. If you've

come across an impossibly

translated a report, they

difficult client demanding

might be on the back cover.

unreasonable explanations

Maybe you've translated a

of your word choices or

poem. It doesn't matter what

wasting your time with

you translated. What matters

frivolous complaints. That's

is where and how you're to

why it's not a bad idea to

be credited for your work.

add a small charge or other
disincentive to keep the

Translator's

difficult ones at bay.

Responsibilities: Contracts
should be drafted fairly and

Outsourcing: Will you be

in good faith. While your

outsourcing the work? The

terms and conditions are

client may have a right to

there to protect you, that

know. In addition, the client

doesn't mean you can't

may even get a say in some

explicitly assume certain

cases. If you're outsourcing,

responsibilities to ease your

make sure to include that in

client's mind, and to prevent

your terms and conditions. In

them from demanding more

addition, provide a thorough

than you originally agreed to.

explanation to the client of
how private and confidential

Quality Guarantee: Are

information will be handled

you willing to put your

when outsourcing.

money where your mouth
is? If so, you might want

Payment: You want to make

to consider a quality

sure you get paid on time

guarantee. If you do, make

www.ata-chronicle.online

sure you clearly outline
what parameters you'll
use to measure quality.
Remember, translation is
subjective by nature. What
you understand by quality
might not be the same thing
the client understands.
Of course this is not, nor
purports to be, an
exhaustive list of every
clause you should consider
including in your terms and
conditions. These are just
the ones that in my
experience translators often
overlook. So, think of this as
a cheat sheet to help guide
your conversation with your
attorney. The best way to
future-proof and protect
your business isn't with
terms and conditions alone.
It's with a well-crafted
business plan that's properly
outlined in your terms and
conditions and having those
terms and conditions drafted
by a competent attorney in
your area.

You need to be very
clear about what it
is you do and what
your business model
looks like so you can
give your attorney the
necessary information
to draft your terms
and conditions well.

Paula Arturo
is a lawyer,
translator, and
law professor
with nearly two
decades of experience in the
language profession. She
is a linguistic consultant at
Marval, O'Farrell & Mairal
and directs Translating
Lawyers Academy, an
online academy that helps
legal translators hone their
translation skills. She is
administrator of ATA's Law
Division and co-head of legal
affairs at the International
Association of Professional
Translators and Interpreters.
Her bragging rights include
translating the works of
several Nobel Prize laureates
and world-renowned jurists.
paula@translatinglawyers.com
American Translators Association

17
http://www.ata-chronicle.online
The ATA Chronicle - March/April 2021

Table of Contents for the Digital Edition of The ATA Chronicle - March/April 2021
