The ATA Chronicle - May/June 2024 - 14

Additional
References
Here are some
resources you may find
helpful. Please note
that these sites are
provided as a resource
only. The author has
no affiliations, nor
does she receive any
compensation for
sharing them.
Bruce, Carolynn. " 4
Steps for Negotiating
a Contract (With
Helpful Tips) " (Indeed,
June 9, 2023).
O'Neill, Cara.
" Mediation: The Six
Stages " (Nolo, 2024).
" How to Write a
Freelance Contract:
12 Critical Clauses
and Best Practices "
(Fiverr Enterprise,
April 9, 2022).
" Alternative
Dispute Resolution:
Associations &
Organizations "
(Marquette University
Eckstein Law Library,
December 2022).
Duffy, Ryan. " 38 Free
Freelance Contract
Templates (MS Word) "
(TemplateLAB).
y Dispute Resolution Clause:
Include a " mitigation
of damages " clause in
your contract (it allows
the contractor 30 days
to correct any deficiency
noted). You should also
include a " peer review "
clause. This could involve a
written statement signed by
an ATA-certified translator,
or a translator with the
same qualifications as you,
in the same language pair
attesting to the adequacy
(or not) of the services
provided before the client
may assert any claim. This
clause would stipulate that
the client shall not withhold
payment based on any
alleged inaccuracies in the
translation. If the client
asserts that the translation
contains errors, such errors
must be material. In such
cases, the client would
need to present an affidavit
from a translator certified/
credentialed in the same
language pair as the original
translator affirming that the
translation in question indeed
contains a material error.
For interpreting services,
this process applies only
when there is a recording
or a transcript. Claims
should be limited to phrases
that are inaccurate and
Understanding
languagespecific
clauses
is vital.
constitute a material error.
In such instances, there
should be an affidavit from
a certified interpreter in
the same language pair and
modality of interpreting.
Attempting to assess the
material accuracy of an
interpretation based on
the subjective and
unreliable memory of
the parties involved is
entirely improper.
Action Items
Before finalizing any
contract, you need to address
the following action items.
y Update standard contract
templates to include key
clauses around notification
details, billing information,
cancellation fees,
copyright ownership, and
confidentiality agreements.
y Request a sample of
unedited source material
before accepting postediting
assignments and
negotiate sample size
if needed.
y Consider adding clauses
around technology
requirements and
specialized training costs
for assignments involving
machine translation,
subtitling, or remote
interpreting. (This is
especially pertinent for
individual translators and
interpreters.)
y Pursue peer review
and mediation through
professional associations
in the case of disputes
over work quality or
contract terms. (This is
especially pertinent for
freelance translators and
interpreters.)
Bottom Line
As translators or interpreters
of languages, we are
ambassadors of cultures. We
take immense pride in
building bridges between
languages and cultures,
facilitating communication,
and promoting
understanding. Our
commitment to precision
and accuracy is unwavering
and a testimony of our
respect for the nuances and
subtleties inherent in each
language. Therefore, our
freelance contracts should
reflect our beliefs.
Andy Benzo, CT is an experienced legal language expert and legal translator with
a career spanning over 35 years. Specializing in English>Spanish translation, she
has degrees in law and translation from Argentina, her homeland, and a paralegal
degree from California State, San Marcos. An ATA member since 1999, she is ATAcertified
(English>Spanish). Her past contributions to ATA include serving as assistant
administrator of ATA's Spanish Language Division and host of the division's Charlas de Café
podast (2020-2022). Currently, she serves as ATA president-elect and chairs the Divisions and
Governance and Communications Committees. Fervent about promoting standards, she actively
collaborates in language standards development for ASTM and serves as an ANSI expert in ISO.
For many years, she was an instructor in the Translation and Interpretation Certificate Program at
the University of California San Diego Extension. She was a founding member of the Association
of Translators and Interpreters in the San Diego Area and served as its president for six years. In
addition to her other roles, she is a professional speaker, sharing her expertise on civil law, U.S.
law, and legal translation at national and international forums. andy@andybenzo.com
14 The ATA Chronicle | May/June 2024
www.atanet.org

https://www.indeed.com/career-advice/starting-new-job/negotiating-a-contract https://www.indeed.com/career-advice/starting-new-job/negotiating-a-contract https://www.indeed.com/career-advice/starting-new-job/negotiating-a-contract https://www.indeed.com/career-advice/starting-new-job/negotiating-a-contract https://www.indeed.com/career-advice/starting-new-job/negotiating-a-contract https://www.nolo.com/legal-encyclopedia/mediation-six-stages-30252.html https://www.nolo.com/legal-encyclopedia/mediation-six-stages-30252.html https://www.nolo.com/legal-encyclopedia/mediation-six-stages-30252.html https://enterprise.fiverr.com/blog/how-to-write-a-freelance-contract/ https://enterprise.fiverr.com/blog/how-to-write-a-freelance-contract/ https://enterprise.fiverr.com/blog/how-to-write-a-freelance-contract/ https://enterprise.fiverr.com/blog/how-to-write-a-freelance-contract/ https://enterprise.fiverr.com/blog/how-to-write-a-freelance-contract/ https://enterprise.fiverr.com/blog/how-to-write-a-freelance-contract/ https://libraryguides.law.marquette.edu/c.php?g=318554&p=2127473 https://libraryguides.law.marquette.edu/c.php?g=318554&p=2127473 https://libraryguides.law.marquette.edu/c.php?g=318554&p=2127473 https://libraryguides.law.marquette.edu/c.php?g=318554&p=2127473 https://libraryguides.law.marquette.edu/c.php?g=318554&p=2127473 https://libraryguides.law.marquette.edu/c.php?g=318554&p=2127473 https://libraryguides.law.marquette.edu/c.php?g=318554&p=2127473 https://templatelab.com/freelance-contracts/ https://templatelab.com/freelance-contracts/ https://templatelab.com/freelance-contracts/ https://templatelab.com/freelance-contracts/ http://www.atanet.org

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