Lawyers Manual - Unified Court System

Representing Immigrant Victims of Domestic Violence 313
educational background, or manner of entry. Also, the practitioner must remember
that information routinely known to Americans may be entirely new for the
foreign-born victim. The immigrant client may fear her lawyer is actually an agent
for the immigration authorities who will turn her in. If represented pro bono, the
client may worry that her attorney is not a “real lawyer.” Nor is the confidential
nature of the attorney-client relationship a concept familiar to many immigrants. It
is therefore essential to explain the lawyer’s role and responsibilities to the client
to help establish a foundation of trust.
Working with a Translator
Representation becomes more complicated when a translator is introduced,
as the client must establish confidence in her counsel while speaking through an
intermediary. That individual should be someone the client trusts but also
someone the attorney believes will provide accurate translation and strictly
respect rules regarding confidentiality.
In some cases, the client may wish to rely upon a family member to translate.
While a relative may help the client feel more at ease, family members can make
poor interpreters. Regardless of the admonition to translate accurately, some
relatives may try to “help” the victim by embellishing her story. Embellishments
are not only unnecessary, but they can undermine a legal claim if they are not
supported by medical records or if inconsistencies surface. Perhaps even more
common is the opposite problem — a relative may be so uncomfortable with the
abuse that he or she may soften or omit it entirely. The victim may also be
uncomfortable describing any sexual abuse in a relative’s presence. Family
members also experience difficulty observing the rules of confidentiality and,
even if they believe they have the victim’s best interests in mind, may take it
upon themselves to share the translated confidences with other relatives or with
the abuser. Relying upon friends of the victim to translate carries similar risks.
Ideally, if a client turns to a friend or family member for emotional support,
it would be best for that person to wait in the reception area while a
disinterested party (such as a coworker) translates. If the client is staying in a
battered women’s shelter or working with an immigrant outreach organization,
a bilingual caseworker may be available. Other possible sources for interpreters
may be the local bar association, or bilingual law or social work students, who
are often eager to use their language skills and gain practical experience.
If the translator can only meet with the victim a limited number of times, it
may be necessary for the victim to write the details of her abuse and have her
statement translated. In some cases, the client may actually prefer to write about